GOULD PLUMBING AND HEATING, INC. v. Capitol Indemnity Corp.

D. E. Holbrook, Jr., J.

Plaintiff appeals as of right the trial court’s granting of defendant’s motion for accélerated judgment. Plaintiff had brought suit to recover on a payment bond issued by defendant to assure the obligations of Britt Quality Homes, Inc., hereinafter referred to as Britt, a general contractor. Plaintiff is a subcontractor of Britt for the installation of plumbing on an apartment project, Rivertown West.

Britt, as principal, and defendant, as surety, executed payment and performance bonds, each for $167,000, to Rivertown West, a Michigan co-partnership, owners of the…