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Ronnisch Constr. Grp., Inc. v. Lofts on Nine, L.L.C.

Supreme Court of Michigan

April 23, 2015

RONNISCH CONSTRUCTION GROUP, INC., Plaintiff-Appellee,
v.
LOFTS ON THE NINE, L.L.C., Defendant-Appellant, and LOFTS ON THE NINE CONDOMINIUM ASSOCIATION, HOTLINE ELECTRIC, INC., RAM CONSTRUCTION SERVICES OF MICHIGAN, INC., EAM ENGINEERS, INC., MICHIGAN AIR PRODUCTS CO., STOCK BUILDING SUPPLY, L.L.C., WILLIAMS DISTRIBUTING CO., NORTH STAR PARTNERS, L.L.C., and THE STATE BANK, Defendants

COA: 314195. Oakland CC: 2009-105768-CH.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the July 24, 2014 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the Court of Appeals erred in holding that the plaintiff contractor, who filed a claim of lien under the Construction Lien Act (CLA), MCL 570.1101 et seq., and then filed a circuit court action against the defendant property owner, alleging breach of contract, foreclosure of lien, and unjust enrichment claims, was entitled to an award of attorney fees as a " prevailing party" under MCL 570.1118(2), when the plaintiff prevailed in binding arbitration on its contract claim, but neither the arbitrator nor the circuit court resolved the plaintiff's foreclosure of lien claim. See HA Smith Lumber & Hardware Co v Decina, 480 Mich. 987; 742 N.W.2d 120 (2007).


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