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MILLER-DAVIS CO. v. AHRENS CONST., INC.

Docket No. 139666.

802 N.W.2d 33 (2011)

489 Mich. 355

MILLER-DAVIS COMPANY, Plaintiff-Appellant, v. AHRENS CONSTRUCTION, INC., Defendant-Appellee, and Merchants Bonding Company, Defendant.

Supreme Court of Michigan.

July 11, 2011.

Attorney(s) appearing for the Case

Gemrich Law PLC (by Alfred J. Gemrich) and Scott Graham PLLC (by Scott Graham) for Miller-Davis Company.

Field & Field, P.C. (by Samuel T. Fields), for Ahrens Construction, Inc.

Clark Hill PLC (by Kevin S. Hendrick, Thomas M. Keranen, Detroit, and Brian P. Lick, Lansing) for amicus curiae the Associated General Contractors of Michigan.

Thrun Law Firm, P.C. (by Christopher J. Iamarino and Kirk C. Herald), East Lansing, for amicus curiae Michigan Association of School Boards and Michigan School Business Officials.

Opinion

MARILYN KELLY, J.

This case involves a dispute over a construction contract. At issue is whether the limitations period in MCL 600.5839(1) applies to an action for breach of contract. The Court of Appeals held that it does and that the statute's six-year limitations period expired before plaintiff filed its complaint, barring the suit. Accordingly, the Court of Appeals reversed the judgment of the...

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