Air Products & Chemicals, Inc. v. J F Cavanaugh Co.

Pursuant to GCR 1963, 797 the United States District Court for the Eastern District of Michigan has certified the following question to us:

"Whether the building contract fund act, 1931 PA 259, as amended; MCL 570.151 et seq.; MSA 26.331 et seq., applies to public construction projects.”

We answer the question in the negative.

I

This case comes to us with the following statement of facts as certified by the United States District Court:

*729"On October 16, 1976, defendant J. F. Cavanaugh Co., Inc. ('Cavanaugh’), entered into a written contract with the City of Detroit, designated as contract PC-288A,…