In re ESTATE OF MICHAEL KOCH.ESTATE OF MICHAEL KOCH, by SUSAN KOCH, Personal Representative, Plaintiff, v A. Z. SHMINA, INC., Defendant/Cross-Defendant-Appellee/Cross-Appellant, and ORCHARD, HILTZ & MCCLIMENT, INC., Defendant/Cross-Plaintiff/Third-Party Plaintiff-Appellant/Cross-Appellee, and REGAL RIGGING & DEMOLITION, LLC, Defendant, and PLATINUM MECHANICAL, INC., Third-Party Defendant-Appellee., 322 Mich. App. 383

HOLDINGS: [1]-The trial court erred in granting summary disposition in favor of cross-defendants on the ground that MCL 691.991(2) rendered void and unenforceable the indemnification provisions at issue because the statute did not clearly manifest the legislature's intent that it be applied retroactively to contracts entered into and executed before its effective date; [2]-While the engineer argued that the trial court improperly failed to resolve its cross-claims that cross-defendants breached their contracts by failing to purchase sufficient project liability insurance, the engineer waived the issue by stipulating to dismiss the case; by signing the stipulation, the engineer agreed that there were no additional claims that the trial court should address.