Bacco Construction Company v. American

Plaintiff, Bacco Construction Company, commenced this action against defendants on September 20, 1982, seeking to recover the costs it incurred in repairing a waste water treatment lagoon system it had constructed for Houghton County. Plaintiff appeals as of right from a January 15, 1985, order granting accelerated judgment in favor of defendants American Colloid Company, D. J. Moriva Company, Inc., and Don Moriva, and granting both accelerated and summary judgment in favor of defendant McNamee, Porter & Seeley (MPS). We reverse the trial court's order granting accelerated judgment and summary judgment in favor of defendants, except as to that part of the order regarding plaintiff's implied warranty claim against Colloid and Moriva Company which is barred by a statute of limitations. Plaintiff's complaint provides the following description of the events leading to this lawsuit. Plaintiff was the general contractor on a project to construct a waste water lagoon and irrigation system in Houghton County. MPS was employed by the county as the project engineer. Plaintiff, as the low bidder on the project, entered into a contract with the County of Houghton. The contract provided various specifications for the project including that the lagoons were to be constructed with a seal using either clay, powdered bentonite, or a combination of clay and bentonite.