National Sand, Inc v. Nagel Construction, Inc

Plaintiff National Sand, Inc., appeals from an order granting partial summary disposition pursuant to MCR 2.116(C)(7) and (8), dismissing defendants Progressive Engineering, Inc., and Missaukee Sanitary Drain Commission from the suit. The order was certified as a final order under MCR 2.604(A). We affirm in part and remand.

Defendant drain commission contracted with defendant Nagel Construction, Inc., to construct a sewage treatment facility. Nagel subcontracted with National Sand to excavate the sewage pits and to line the pits with clay. Progressive Engineering prepared the plans and…