P R POST v. MARYLAND CASUALTY

Docket Nos. 58498, 58499. (Calendar No. 12).

403 Mich. 543 (1978)

271 N.W.2d 521

P R POST CORPORATION v. MARYLAND CASUALTY COMPANY

Supreme Court of Michigan.

Decided November 20, 1978.


Attorney(s) appearing for the Case

Grant, Schon, Wise & Grant, P.C., for plaintiff.

Jenkins, Fortescue, Miller & Nystrom (by Chris Parfitt) for defendant.


RYAN, J.

This case requires us to determine whether an arbitrator's award in a dispute between the parties to a construction contract is admissible evidence in a subsequent suit by the owner against the contractor's surety, when the surety had no notice of, nor opportunity to participate in, the arbitration proceedings.

The Court of Appeals held that the arbitrator's award was admissible as prima facie evidence. 68 Mich.App. 182

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