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TITANUS CEMENT WALL CO., INC. v. WATSON

Docket Nos. 90869, 90870.

158 Mich. App. 210 (1987)

405 N.W.2d 132

TITANUS CEMENT WALL COMPANY, INC v. WATSON ERB LUMBER COMPANY v. WATSON

Michigan Court of Appeals.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Snyder & Handler, P.C. (by Wallace M. Handler), and Booth, Patterson, Lee, Karlstrom & Steckling (by Carl G. Karlstrom), for defendants.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Walter V. Kron, Larry G. Watterworth, and Kevin Thom, Assistant Attorneys General, for Homeowners Construction Lien Recovery Fund.

Before: DANHOF, C.J., and BRONSON and T. GILLESPIE, JJ.

PER CURIAM.

The predominant issue raised in this appeal is one of first impression and concerns whether contractors who supply materials and labor to a builder/developer for the construction of a single-family residence may recover the contract price of the materials and labor from the Homeowners Construction Lien Recovery Fund, §§ 201 to 207 of the Construction Lien Act, MCL 570.1101 et seq.; MSA 26.316(101) et seq., in the event they

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