Sec. 4. Such bond may be prosecuted and a recovery had at any time within 1 year after the completion and acceptance of the project, by any person, firm or corporation to whom any money shall be due and payable on account of having performed any labor or furnished any materials or supplies in the erection, repairing or ornamentation of any such building or works, in the name of the people of this state for the use and benefit of such person, firm or corporation: Provided, however, That in the case of a suit for the benefit of the subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor, materials or supplies contracted for by him: And provided further, That in no case brought under the provisions of this act shall the people of this state be liable for costs.
Mich. Comp. Laws § 570.104
Bond of contractor on public works; prosecution, recovery
Applied in 2 court decisions — leading case 89 Mich. App. 219 - Camelot Excavating Co. v. St. Paul Fire & Marine Insurance (1979)
Most recently applied in Rasins Landscape & Associates, Inc. v. Michigan Department of Transportation (May 2013)
1905, Act 187, Eff
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.