CITATION
Schippers Excavating Inc. and Nederveld Inc. v. Crystal Creek Enterprises, Fifth Third Bank, and Integrity Tree Services of Michigan Inc.
Court of Apppeals of Michigan, Mich. App. LEXIS p. 3-6 1136, 2011

FACTS Crystal Creek Enterprises was developing a subdivision in Great Rapids. Fifth Third Bank funded 3 million dollars towards the project. However there were unforeseen expenditures that exceeded the loan amount. Crystal Creek hired Nederveld Inc. to revise the project costs since their original engineer underestimated the total cost of the project. Schippers Excavating Inc. stated that they would stop the project unless Fifth Third Bank provided more funding. Fifth Third Bank acknowledged the extra costs and agreed to provide the necessary funding for updated costs through a fax. The fax contained the following:
“On November 2, 2007, Bissett faxed the following letter to Schippers:
In reference to the development known as The Landings at Crystal Creek, Fifth Third Bank ("Lender") and Crystal Creek Enterprises, L.L.C. ("Borrower") have a contractual agreement in which Fifth Third provides development financing for the project. Due to recent unforeseen events involving the prior project engineer, the projected development costs have been altered.
The Bank recognizes the cost budget for land development at The Landings at Crystal Creek has increased and will provide the necessary financing for the updated costs provided via fax from Schippers
Excavating on 10/24/07.
Please accept this letter of our confirmation. [Emphasis added.]”
After receiving this fax, Schippers continued with the project. Although three months after, Fifth Third Bank stopped funding the project after Crystal Creek couldn’t secure any investors. Schippers and Nederveld Inc. filed suit against Crystal Creek for breach of contract and to foreclose on their construction