Adamo Equipment Rental Co. v. Mack Development Co., Inc., Docket No. 52793
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | PER CURIAM |
| Citation | 122 Mich.App. 233,333 N.W.2d 40 |
| Parties | ADAMO EQUIPMENT RENTAL COMPANY, Plaintiff-Appellant, v. MACK DEVELOPMENT COMPANY, INC., Defendant, and The Fireman's Insurance Company of Newark, New Jersey, Defendant-Appellee. 122 Mich.App. 233, 333 N.W.2d 40 |
| Docket Number | Docket No. 52793 |
| Decision Date | 06 May 1983 |
Page 40
v.
MACK DEVELOPMENT COMPANY, INC., Defendant,
and
The Fireman's Insurance Company of Newark, New Jersey,
Defendant-Appellee.
122 Mich.App. 233, 333 N.W.2d 40
Decided Dec. 21, 1982.
Released for Publication May 6, 1983.
[122 MICHAPP 234] Frank G. Garavaglia, Detroit, for plaintiff-appellant.
Kerr, Russell & Weber by Daniel G. Beyer, Detroit, for defendant-appellee.
Before CAVANAGH, P.J., and RILEY and HOEHN, * JJ.
PER CURIAM.
The plaintiff, Adamo Equipment Rental Company, appeals an order of accelerated judgment which the Wayne County Circuit
Page 41
Court entered on July 9, 1980, in favor of the defendant-appellee, the Fireman's Insurance Company of Newark, New Jersey.One of the defendants, Mack Development Company,[122 MICHAPP 235] Inc., was awarded a construction contract in the gross sum of $1,430,000 by the City of Inkster. The defendant-appellee, The Fireman's Insurance Company of Newark, executed a performance bond and a payment bond in the full amount of the contract. The general contractor, Mack Development Company, Inc., awarded the plaintiff, Adamo Equipment Rental Company, a subcontract worth $55,000 gross.
The last payment Mack Development Company made to plaintiff, Adamo, was on November 19, 1976.
Defendant Mack Development Company defaulted while the contract was incomplete and was replaced by a new contractor chosen by defendant Fireman's Insurance. This event occurred on August 9, 1977. The last payment made to defendant Mack Development Company was also made on the 9th day of August, 1977.
Plaintiff filed suit to recover the unpaid portion of its subcontract with defendant Mack on February 13, 1979. 1
The final payment on the construction contract was made by the City of Inkster on January 31, 1980.
Defendant Mack performed on the contract a period of 15 months; the substitute contractor performed for a period of 32 months.
Defendant Fireman's Insurance moved for an accelerated judgment on the basis that the statute of limitations barred plaintiff's claim. Defendant [122 MICHAPP 236] Fireman's contention was based on M.C.L. Sec. 129.209; M.S.A. Sec. 5.2321(9), which reads, in part, as follows:
"* * * No action shall be commenced after the expiration of one year from the date on which final payment was made to the principal contractor."
Defendant Fireman's contends...
To continue reading
Request your trial
-
Skyline Steel Corp. v. AJ Dupuis Co., Civ. No. 85-75073.
...Bond Act is to safeguard and protect contractors and materialmen in the public sector." Adamo Equip. Rental Co. v. Mack Dev. Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 (1982). Accord 17 Am.Jur.2d, Contractors' Bonds § 44, p. 223. Recovery on the performance bond will be precluded unle......
-
Kammer Asphalt Paving Co., Inc. v. East China Tp. Schools, Docket No. 93937
...of Social Services, 117 Mich.App. 437, 440, 324 N.W.2d 41 (1982). See also Adamo Equipment Rental Co. v. Mack Development Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 12 M.C.L. § 129.206; M.S.A. § 5.2321(6) defines "claimant" to include subcontractors such as plaintiff. M.C.L. § 129.207......
-
Wyandotte Elec. Supply Co. v. Elec. Tech. Sys., Inc., Docket No. 149989.
...counterparts, have no recourse when other contractors default on their obligations. Adamo Equip. Rental Co. v. Mack Dev. Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 (1982), citing Ford v. State Bd. of Ed., 166 Mich. 658, 132 N.W. 467 (1911). While contractors and suppliers can place me......
-
Grand Blanc Cement Products, Inc. v. Insurance Co. of North America, Docket No. 186152
...in the public sector." W T Andrew Co, supra at 659, 545 N.W.2d 351; see also Adamo Equipment Rental Co. v. Mack Development Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 In drafting M.C.L. § 129.207, M.S.A. § 5.2321(7), the Legislature did not specify whether the thirty-day period is par......
-
Skyline Steel Corp. v. AJ Dupuis Co., Civ. No. 85-75073.
...Bond Act is to safeguard and protect contractors and materialmen in the public sector." Adamo Equip. Rental Co. v. Mack Dev. Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 (1982). Accord 17 Am.Jur.2d, Contractors' Bonds § 44, p. 223. Recovery on the performance bond will be precluded unle......
-
Kammer Asphalt Paving Co., Inc. v. East China Tp. Schools, Docket No. 93937
...of Social Services, 117 Mich.App. 437, 440, 324 N.W.2d 41 (1982). See also Adamo Equipment Rental Co. v. Mack Development Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 12 M.C.L. § 129.206; M.S.A. § 5.2321(6) defines "claimant" to include subcontractors such as plaintiff. M.C.L. § 129.207......
-
Wyandotte Elec. Supply Co. v. Elec. Tech. Sys., Inc., Docket No. 149989.
...counterparts, have no recourse when other contractors default on their obligations. Adamo Equip. Rental Co. v. Mack Dev. Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 (1982), citing Ford v. State Bd. of Ed., 166 Mich. 658, 132 N.W. 467 (1911). While contractors and suppliers can place me......
-
Grand Blanc Cement Products, Inc. v. Insurance Co. of North America, Docket No. 186152
...in the public sector." W T Andrew Co, supra at 659, 545 N.W.2d 351; see also Adamo Equipment Rental Co. v. Mack Development Co., Inc., 122 Mich.App. 233, 236, 333 N.W.2d 40 In drafting M.C.L. § 129.207, M.S.A. § 5.2321(7), the Legislature did not specify whether the thirty-day period is par......