Old Orchard by the Bay Associates v. Hamilton Mutual Insurance

434 Mich. 244 (1990)

454 N.W.2d 73

OLD ORCHARD BY THE BAY ASSOCIATES

v.

HAMILTON MUTUAL INSURANCE COMPANY

Docket No. 82516, (Calendar No. 3).

Supreme Court of Michigan.

Argued January 4, 1989.

Decided March 20, 1990.

Dykema Gossett (by W.A. Steiner, Jr., and Thomas W.B. Porter) for the plaintiff.

Hill, Lewis, Adams, Goodrich & Tait (by Jimm F. White and Peter A. Jackson) for the defendant.

CAVANAGH, J.

I

This litigation arises out of a construction contract dispute between a property owner, plaintiff, and its general contractor's surety, defendant. The plaintiff, Old Orchard by the Bay Associates, filed a…