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STOKES v. MILLEN ROOFING CO.

Docket No. 119074, Calendar No. 3.

649 N.W.2d 371 (2002)

466 Mich. 660

Robert and Patricia STOKES, Plaintiffs-Appellants, Cross-Appellees, v. MILLEN ROOFING COMPANY, Defendant-Appellee, Cross-Appellant.

Supreme Court of Michigan.

Decided July 23, 2002.

Attorney(s) appearing for the Case

Clark, Hill P.L.C. (by George N. Bashara, Jr., James E. Brenner, and Paul C. Smith), Detroit, MI, and Raymond & Prokop, P.C. (by Mark Merlanti), Southfield, MI, for the plaintiffs-appellants-cross-appellees.

Visser & Bolhouse, P.C. (by Donald R. Visser), Grandville, MI, for the defendant-appellee-cross-appellant.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Michael A. Lockman, Assistant Attorney General, Detroit, MI, for the Bureau of Commercial Services, amicus curiae.

Opinion

MARILYN J. KELLY, J.

This is a dispute over money claimed by cross-plaintiff Millen Roofing Company from the cross-defendant homeowners, Robert and Patricia Stokes, related to the parties' residential construction contract. We hold that (1) Millen's construction lien was properly extinguished because it was invalid and unenforceable, and (2) M.C.L. § 339.2412 barred Millen, an unlicensed contractor...

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