Mata Construction cleared of all claims, with court ruling in favor of Zausmer’s defense led by Shareholder Julian Heidenreich.
In a significant win for Mata Construction, all claims brought by General Contract, Mills Siding and Roofing have been dismissed by the court, fully resolving Mata’s involvement in a dispute over a failed roofing project at a residence in the Kalamazoo area. The claims, seeking defense and indemnity, were dismissed following a decisive oral argument in which Shareholder Julian Heidenreich presented Mata’s defense.
Mills Siding had filed a motion for summary disposition, arguing that a February 2, 2020 agreement bound Mata to defend and indemnify Mills for the roofing work. The basis for this claim rested on testimony from Mills’ owner and a series of affidavits and invoices purportedly linking Mata to the project. However, Mata Construction maintained that the agreement was invalid, arguing it lacked essential elements such as consideration, specificity in terms, and a meeting of the minds.
Heidenreich successfully countered Mills’ arguments, emphasizing that extrinsic evidence was inadmissible under the parole evidence rule and that the alleged contract was void under Michigan law, which prohibits indemnification for an indemnitee’s sole negligence. The court, siding with Mata, denied Mills Siding’s motion and granted Mata’s, thereby fully dismissing Mills’ claims.
The outcome exemplifies Zausmer’s unwavering focus on protecting our clients’ interests through diligent advocacy and clear legal strategies.
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