Utica Equipment Co. v. Ray W. Malow Co.

This is a breach of contract case. Plaintiff appeals as of right the trial court’s grant of summary disposition to defendant under MCR 2.116(0(10). We affirm in part and remand in part.

Defendant contractor hired plaintiff subcontractor to excavate a lake at an apartment complex. The trial court found that defendant owed plaintiff for the work. However, the court held that plaintiff was barred from collecting because it was not licensed under the Michigan residential builders act, MCL 339.2401 et seq.; MSA 18.425(2401) et seq.

Plaintiff first argues that the purpose of the statute is to protect…