MPC Cashway Lumber Co. v. Hull

Plaintiff appeals as of right from an order granting summary disposition in favor of defendants Hull and Michigan Homeowner Construction Lien Recovery Fund (hereinafter the fund), 1 under MCR 2.116(C)(10). We affirm in part, reverse in part, and remand.

Defendant Gary Hull contracted with Joseph Passalacqua of Passalacqua Builders, Inc. (Passalacqua), for construction of a home. Plaintiff provided lumber materials for the construction. Hull paid Passalacqua in full for the work done by Passalacqua. Plaintiff alleged that Passalacqua failed to pay MPC for all the materials plaintiff supplied…