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No. 123833
| Boddy Construction Company, Inc., |
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Lawrence M. Scott (586) 726-1000 |
Plaintiff-Appellee, |
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| vs. (Court of Claims - Houk, P.) |
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| Michigan Department of Transportation, |
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Kathleen A. Gleeson (517) 373-3445 |
Defendant-Appellant. |
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| ______________________________________ |
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Defendant-Appellant's Application for Leave to Appeal>>
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Background
In 1995, Boddy Construction Company was awarded the contract for the reconstruction and widening of 2.2 miles of the I-94 business loop in Marysville, St. Clair County. The project was completed in 1996 and Boddy was paid approximately $7,328,000. Boddy claims that it did extra work for which it is entitled to additional compensation. The contract under which Boddy worked included a Notice of Claim provision that required a contractor to notify the Michigan Department of Transportation (MDOT) in writing before beginning additional work. Boddy did not comply with the notice provision, but claims that MDOT waived strict compliance with the notice provision. Boddy offered some evidence, including testimony from an MDOT engineer, that the written notice procedure was not always followed. The Court of Claims dismissed Boddy's claims, finding that there was no indication that MDOT had not waived the Notice of Claim requirement. Moreover, Boddy could not establish that it did extra work that entitled it to additional compensation, the court concluded. But the Court of Appeals reversed, stating that the Department had waived strict compliance with the notice provision and that a trial was required to resolve factual questions regarding Boddy's extra compensation claims. The Department appeals.
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