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NORTHLINE EXCAVATING v. LIVINGSTON CO.

Docket Nos. 304964, 305689.

839 N.W.2d 693 (2013)

302 Mich. App. 621

NORTHLINE EXCAVATING, INC v. LIVINGSTON COUNTY.

Court of Appeals of Michigan.

Decided October 15, 2013, at 9:05 a.m.

Attorney(s) appearing for the Case

Cummings, McClorey, Davis & Acho, PLC, Livonia, (by Lindsey A. Kaczmarek and T. Joseph Seward ), for Livingston County and the Livingston County Board of Public Works.

Deneweth, Dugan & Parfitt, PC, Troy, (by Ronald A. Deneweth , Chris Parfitt , and Deborah S. Walter ), for Hanover Insurance Company.

The Hubbard Law Firm, PC, Lansing, (by Michael G. Woodworth , Andria M. Ditschman , and N. Banu Colak ), for the Michigan Association of County Drain Commissioners, the Michigan Townships Association, and the Michigan Association of Counties.

Kerr, Russell and Weber, PLC, Detroit, (by Joanne Geha Swanson ), for the Surety & Fidelity Association of America.

Before: HOEKSTRA, P.J., and RONAYNE KRAUSE and BOONSTRA, JJ.

HOEKSTRA, P.J.

In these cases involving the interpretation of a contract Livingston County and the Livingston County Board of Public Works (collectively "the County") appeal by leave granted the trial court's orders limiting Hanover Insurance Company's (Hanover) actual and liquidated damages. Because we conclude that the plain language of the suretyship contract limited the liability of Hanover to the amount of the performance bond, we affirm.

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