680 N.W.2d 893
No. 123833.Supreme Court of Michigan.
May 28, 2004.
SC: 123833, COA: 237471, Ct of Claims: 00-017592-CM.
On order of the Court, the application for leave to appeal the February 28, 2003 judgment of the Court of Appeals is considered, and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we MODIFY the judgment of the Court of Appeals by striking the finding that defendant waived the notice provision of the construction contract. Because there is a fact question regarding whether there was a waiver of the notice provision, the Court of Claims improperly granted summary disposition for the defendant. On remand as ordered by the Court of Appeals, the Court of Claims shall make appropriate findings regarding the waiver issue.