Pro Excavating, Inc. v. Ziebart

Plaintiff appeals a summary judgment for defendants in an action to foreclose a construction lien. We reverse and remand.

Plaintiff is a licensed excavating contractor that contracted with a developer to install street, storm drain, sanitary sewer and domestic water improvements for a new subdivision. The site preparation contract between plaintiff and the developer provided:

“The term ‘Engineer’ wherever used in this contract shall be Multi/Tech Engineering Services, Inc., or [its] duly authorized representative. * * * The Engineer shall have full authority to interpret the plans and…