E.R. ZEILER EXCAVATING, INC. v. VALENTI TROBEC CHANDLER INC.

Docket No. 257447.

717 N.W.2d 370 (2006)

270 Mich. App. 639

E.R. ZEILER EXCAVATING, INC., Plaintiff-Appellant/Cross-Appellee, v. VALENTI TROBEC CHANDLER INC., Defendant, and NAS Surety Group a/k/a North American Specialty Insurance, Defendant-Appellee, and DOMA Properties Limited Partnership, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Michigan.

Decided April 18, 2006, at 9:10 a.m.

Released for Publication July 7, 2006.


Attorney(s) appearing for the Case

Williams, Williams, Ruby & Plunkett, P.C. (by Thomas G. Plunkett and Richard E. Rassel, III), Birmingham, for E.R. Zeiler Excavating, Inc.

Alber Crafton, PSC (by Phillip G. Alber and Omar J. Harb), Troy, for NAS Surety Group.

Charles W. Royer and Robert D. Hicks, Harper Woods, Bloomfield Hills, for DOMA Properties Limited Partnership.

Before: HOEKSTRA, P.J., and NEFF and OWENS, JJ.


NEFF, J.

In this action under the Construction Lien Act (CLA),1 plaintiff E.R. Zeiler Excavating, Inc. (Zeiler), appeals as of right an order of the trial court granting summary disposition in favor of defendant NAS Surety Group2 (NAS) and defendant DOMA Properties Limited Partnership (DOMA) on the grounds that the statute of limitations barred Zeiler's surety bond claim against defendants. DOMA cross-appeals...

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