Michigan Compiled Laws

Mich. Comp. Laws § 129.209 (2026)

Venue; statute of limitations.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

CONTRACTOR'S BOND FOR PUBLIC BUILDINGS OR WORKS

Act 213 of 1963

129.209 Venue; statute of limitations.

Sec. 9.

An action instituted on the payment bond shall be brought only in the appropriate court in the political subdivision in which the contract was to be performed. No action shall be commenced after the expiration of 1 year from the date on which final payment was made to the principal contractor.

History: 1963, Act 213, Eff. Sept. 6, 1963

Notes of Decisions

Cited in 8 cases, 1977–1990 · leading case: Affiliated Bank of Middleton v. Am. Ins. Co., 258 N.W.2d 232 (Mich. Ct. App. 1977).

Sort: Relevance Newest Treatment

Affiliated Bank of Middleton v. Am. Ins. Co., 258 N.W.2d 232 (Mich. Ct. App. 1977). · cites it 2× “1(5), on the basis that the one-year limitation in MCLA 129.209; MSA 5.2321(9) prevented an action begun after January 15, 1976.”

Royalite Co. v. Fed. Ins., 457 N.W.2d 96 (Mich. Ct. App. 1990). · cites it 2× “MCL 129.209; MSA 5.2321(9). Would this mean the surety has therefore, in the words of the Hub Electric court at 187, "assum[ed] by contract .”

William C Reichenbach Co. v. State, 288 N.W.2d 622 (Mich. Ct. App. 1979). “” MCL 129.209; MSA 5.2321(9). The statute is clearly not applicable since, by its very terms, it concerns actions instituted on a payment bond.”

Adamo Equip. Rental Co. v. MacK Dev. Co., 333 N.W.2d 40 (Mich. Ct. App. 1982). “Defendant *236 Fireman’s contention was based on MCL 129.209; MSA 5.2321(9), which reads, in part, as follows: "* * * No action shall be commenced after the expiration of one year from the date on which final payment was made to the principal contractor.”

Tempco Heating & Cooling, Inc v. a Rea Constr., Inc, 443 N.W.2d 486 (Mich. Ct. App. 1989). · cites it 3× “Before answering, Rea Construction and American Casualty moved to dismiss for lack of jurisdiction pursuant to MCL 129.209; MSA 5.2321(9). The court denied this motion, ruling that the statute *185 was not jurisdictional and that the actions should remain joined in order to…”

Pi-Con, Inc v. A. J. Anderson Constr. Co., 425 N.W.2d 563 (Mich. Ct. App. 1988). · cites it 2× “We decline to do so, noting that Adamo Equipment concerned the interpretation of a different provision of the statute, namely MCL 129.209; MSA 5.2321(9). The Court in Adamo Equipment, supra, p 236 , wrote that the public works bond act was remedial in nature and should be…”

Skyline Steel Corp. v. A.J. Dupuis Co., 648 F. Supp. 360 (E.D. Mich. 1986). “Mailing a notice of claim under M.C.L.A. § 129.207 does not represent an election on Skyline’s part to collect only from the bonded entibies, to the exclusion of Skyline’s direct claim against Dupuis.”

Camelot Excavating Co., Inc. v. St. Paul Fire & Marine Ins. Co., 301 N.W.2d 275 (Mich. 1981). · cites it 4× “201 et seq.; MSA 5.2321(1) et seq. Within the context of such public bonds, the statute provides a one-year limitation period for commencement of actions running from the date on which final payment was made to the principal contractor.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.