Ellen M. OSTROTH and Thane Ostroth, Plaintiffs, and
Jennifer L. Hudock and Brian D. Hudock, Plaintiffs-Appellees,
v.
WARREN REGENCY, G.P., L.L.C., and Warren Regency Limited Partnership, Defendants, and
Edward Schulak, Hobbs & Black, Inc., Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued October 19, 2005.
Decided February 1, 2006.
Attorney(s) appearing for the Case
Donnelly W. Hadden, P.C. (by Donnelly W. Hadden), Ann Arbor, and Ball & Ball, L.L.P. (by Bettie K. Ball), Mt. Clemens, for Jennifer L. and Brian D. Hudock.
Sullivan, Ward, Asher & Patton, P.C. (by Ronald S. Lederman), Southfield, for Edward Schulak, Hobbs & Black, Inc.
Thomas M. Keranen & Associates, P.C. (by Frederick F. Butters), Bloomfield Hills, for American Institute of Architects, Michigan, amicus curiae.
Kerr, Russell and Weber, P.L.C. (by James R. Case, Joanne Geha Swanson, and Michael A. Sneyd), Detroit, for ACEC/Michigan, Inc.; Southeastern Michigan Chapter NECA, Inc.; Michigan Roofing Contractors Association, Inc.; and Southeastern Michigan Roofing Contractors Association, Inc., amici curiae.
Thomas M. Keranen & Associates, P.C. (by Thomas M. Keranen and Peter J. Cavanaugh), Bloomfield Hills, for Associated General Contractors of America Greater Detroit Chapter, Inc., and Michigan Chapter Associated General Contractors of America, Inc., amici curiae.
Thomas M. Keranen & Associates, P.C. (by Gary D. Quesada), Bloomfield Hills, for Integrated Designs, Inc., amicus curiae.
Floyd E. Allen & Associates (by Corey D. Grandmaison), Detroit, for Ecorse Board of Education.
Sullivan, Ward, Asher & Patton, P.C. (by Michael J. Asher), Southfield, for the Construction Association of Michigan, Sheet Metal & Air Conditioning Contractors National Association, Great Lakes Fabricators and Erectors Association, and Plumbing and Mechanical Contractors of Detroit.
Sullivan, Ward, Asher & Patton, P.C. (by Christopher B. McMahon), Southfield, and Thomas M. Keranen & Associates, P.C. (by Gary D. Quesada), Bloomfield Hills, for GMB Architects-Engineers, Inc., amici curiae.
Supreme Court of Michigan.
OPINION
WEAVER, J.
This architectural malpractice case poses the issue whether MCL 600.5839 is only a statute of repose, in which case MCL 600.5805(6) or (10) supplies a shorter limitations period, or is itself both a statute of repose and a statute of limitations. The Court of Appeals concluded that § 5839 is both a statute of repose and a statute of limitations and thus the plaintiff's cause of action is not time-barred.1
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