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149989 - Wyandotte Electrical Supply v Electrical Tech Systems

Wyandotte Electrical Supply,
 
 
 
Plaintiff-Appellee,
John D. Pirich
Brian T. Quinn
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Colombo, R.)
 
Electrical Technology Systems, Inc.,
 
 
 
Defendant/Cross-Defendant,
 
and
 
 
KEO & Associates, Inc.,
Defendant/Cross-Plaintiff-Appellant,
Anthony Vittiglio, II
and
 
 
Westfield Insurance Company,  
 
 
 
Defendant-Appellant.
 

Summary

Defendant KEO was the principal contractor on a public works construction project. As required by statute, KEO obtained a payment bond from defendant Westfield Insurance Company to protect laborers and suppliers who worked on the project. KEO contracted with Electrical Technology Systems (ETS) for electrical supplies and material for the project. ETS subcontracted with plaintiff Wyandotte Electric for electrical supplies. Wyandotte provided the supplies, but was not paid by ETS. Wyandotte then filed a claim against the bond. KEO and Westfield argued that Wyandotte was not entitled to recover against the bond, arguing, among other things, that Wyandotte did not properly give notice and that it did not properly calculate its claim. The circuit court ruled in Wyandotte’s favor and the Court of Appeals affirmed in an unpublished opinion. The issues to be addressed include whether Wyandotte served on the principal contractor the 30-day notice within the meaning of MCL 129.207, whether Wyandotte is entitled to damages, if any, that include a time-price differential and attorney fees, and whether MCL 600.6013(7)’s provision for post-judgment interest applies to the judgment.