City of Ferndale v. Florence Cement Co.

Plaintiff appeals as of right the trial court’s order granting defendants’ motion for summary disposition pursuant to MCR 2.116(C)(7) and (C)(10). We reverse and remand.

i

Plaintiff city of Ferndale entered into a contract with defendant Florence Cement Company (Florence) to install new concrete for a roadway in the city. Defendant Hartford Casualty Insurance Company (Hartford) provided a maintenance and guarantee bond on the work performed by Florence.

Paragraph 9.11 of the parties’ contract establishes an appeal process that may be invoked in the event the project engineer, Giffels-Webster…