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DYNAMIC HEATING & PUMPING CO. v. INSURANCE CO. OF N. AMERICA

No. 89-1641.

912 F.2d 123 (1990)

DYNAMIC HEATING & PUMPING COMPANY, Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA; Walbridge-Aldinger Company, Defendants-Appellants, Comp-Aire Systems, Inc., Defendant.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1990.

Attorney(s) appearing for the Case

Bruce N. Elliott (argued), Conlin, McKenney & Philbrick, Ann Arbor, Mich., for plaintiff-appellee.

Stuart H. Teger (argued), Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for defendants-appellants.

Before MARTIN and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

This is an appeal from a judgment awarded to a sub-sub-subcontractor on a construction project for The University of Michigan. Defendant-appellants, the project's principal contractor and the principal contractor's surety, appeal the award alleging, foremost, that Mich.Comp.Laws § 129.201, pursuant to which the judgment was awarded, does not apply to the construction project involved in this case. We agree, and now reverse.

I.

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