674 N.W.2d 159
No. 123833.Supreme Court of Michigan.
January 16, 2004.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
No. 123833. Pursuant to MCR 7.302(G)(1), the clerk is to schedule oral argument on whether to grant the application or take other peremptory action permitted by MCR 7.302(G)(1). The parties shall include among the issues to be addressed: (1) whether, in response to defendant’s motion for summary disposition, plaintiff presented any admissible evidence to support its claim for additional compensation; see Maiden v. Rozwood, 461 Mich 109 (1999); and (2) whether plaintiff presented sufficient evidence that defendant waived compliance with the Notice of Claim section of the 1990 Standard Specifications for Construction contract, specifically § 1.05.12, to create a genuine issue of material fact on that question. The parties may file supplemental briefs within 28 days of the date of this order. The application for leave to appeal remains pending. Court of Appeals No. 237471.