McCoig Materials, LLC v. Galui Construction, Inc.

In this action alleging breach of contract, plaintiff, McCoig Materials, LLC, appeals by leave granted the trial court’s order denying its second motion for summary disposition. The trial court denied this motion for summary disposition and plaintiffs motion for reconsideration, holding that defendant, *687Galui Construction, Inc.,1 was entitled to raise the affirmative defense of recoupment. We reverse and remand for proceedings consistent with this opinion.

I. basic facts and procedural history

Plaintiff filed this litigation to recover for defendant’s alleged breach of contract and to collect on…