Kammer Asphalt Paving Co. v. East China Township Schools

I concur with the majority’s conclusion that the trial court properly granted summary disposition with regard to the third-party beneficiary count. I write separately, however, because I dissent from the majority’s holding that the public works act1 imposes upon a contracting governmental unit the duty to verify the validity of payment bonds. Furthermore, I would hold that the trial judge properly granted the defendant’s motion for summary disposition with regard to the plaintiff’s negligence, unjust enrichment, and constructive trust claims.

I

The majority’s holding is contrary to the history…