Dynamic Construction Co. v. Barton Malow Co.

This case involves a breach of contract claim, brought on the theory that plaintiff Dynamic Construction Company was a third-party beneficiary of a contract between the University of Michigan and defendant Barton Malow (hereafter defendant). Defendant appeals by leave granted from an order denying its motion for summary disposition pursuant to MCR 2.116(C)(8). We reverse.

In 1981, the University of Michigan hired defendant to act as construction manager to supervise the planned expansion of its hospital. Article 15 of the contract between defendant and the university contains the following…