SQUARE D. ENVIRONMENTAL CORP. v. Aero Mechanical, Inc.

The sole issue on appeal is whether as a prerequisite to recover against a payment bond pursuant to MCL 129.201 et seq.; MSA 5.2321(1) et seq., a subcontractor needs to strictly comply with the provisions of that statute. The trial court concluded that strict compliance was necessary and, therefore, granted a motion for summary judgment dismissing plaintiffs claim against the payment bond.

Square D Environmental Corporation (Square D) was a subcontractor of Aero Mechanical, Inc. (Aero), which was a subcontractor of the principal general contractor, Elgin Builders, Inc. (Elgin). The Insurance…