WT ANDREW COMPANY v. Mid-State Surety Corp.

In this case, we are called upon to determine if a sub-subcontractor is entitled to relief under the public works bond statute, MCL 129.201 et seq.; MSA 5.2321(1) et seq. Specifically, we must decide whether plaintiff, the sub-subcontractor who supplied plumbing materials to another subcontractor on a renovation project at the University of Michigan Dearborn campus can collect as a claimant under the public works bond statute. We conclude that although the University of Michigan is a constitutionally created entity, plaintiff is entitled to relief.

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In May of 1989, the University of Michigan…