Michael F. Schmidt Obtains Summary Judgment In Parking Lot Construction Defect Case

Tanger Grand Rapids, LLC v Rockford Construction Company, Materials Testing Consultants, Inc., Nederveld, Inc., Michigan Paving Materials Company and Kamminga & Roodvoets, Inc., 2023 Wl 3000428; 2023 U.S. Dist. LEXIS 68882 (WD Mich, 2023).  Claim by plaintiff Tanger Grand Rapids, LLC seeking to recover damages for alleged degradation and failure of a parking lot at the Tanger Outlet Mall in Byron Township, Michigan.  The claim was for in excess of $2.9 million.  After substantial discovery involving multiple lengthy depositions of contractors involved in the project and reports from multiple experts, we filed a motion for summary judgment on behalf of Kamminga & Roodvoets, Inc. who was the excavation subcontractor for the project on the basis that Kamminga & Roodvoets only moved soils in compliance with all project specifications, requested approval of every completed subgrade, subbase and aggregate base and did not proceed without approval and had no knowledge or information that any materials approved for use on the project were improper or in violation of any specifications.  The trial court granted summary judgment in a lengthy opinion agreeing with our arguments that the plaintiff Tanger Grand Rapids, LLC had no breach of contract claim and also had no tort claim against Kamminga & Roodvoets as there was no evidence that Kamminga & Roodvoets owed a separate and distinct duty apart from the contract and agreed with our argument that the plaintiff’s expert’s opinion were legal conclusions not based on the facts.  The court also held that the plaintiff had no claim for unjust enrichment, because there was a contract in place.