Thomas Industries, Inc v. C & L Electric, Inc

Plaintiff appeals as of right an order granting summary disposition pursuant to MCR 2.116(C)(10) for defendants. The trial court held that, under § 7 of the relevant public works construction bond act, MCL 129.207; MSA 5.2321(7), plaintiffs failure to satisfy the statutory notice requirements precluded it from recovering $17,473.05 against the payment bond defendant C & L Electric, Inc., procured through defendant United States Fidelity and Guaranty Company (usf&g). Defendants cross appeal, arguing that the court erred in denying their motion for costs and attorney fees. We affirm.

The facts…