Michigan Compiled Laws

Mich. Comp. Laws § 408.875 (2026)

Contract for construction, repair, remodeling, or demolition of facility; prohibitions concerning bid specifications, project agreements, or other controlling documents.

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FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT


Act 98 of 2011


408.875 Contract for construction, repair, remodeling, or demolition of facility; prohibitions concerning bid specifications, project agreements, or other controlling documents.

Sec. 5.

    Subject to section 8, a governmental unit awarding a contract on or after the effective date of the amendatory act that added section 2 for the construction, repair, remodeling, or demolition of a facility and any construction manager acting on its behalf shall not, in any bid specifications, project agreements, or other controlling documents:

    (a) Require or prohibit a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with 1 or more labor organizations in regard to that project or a related construction project.

    (b) Otherwise discriminate against a bidder, offeror, contractor, or subcontractor for becoming or remaining or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with 1 or more labor organizations in regard to that project or a related construction project.

History: 2011, Act 98, Imd. Eff. July 19, 2011 ;-- Am. 2012, Act 238, Imd. Eff. June 29, 2012

Notes of Decisions
Cited in 2 cases, 2012–2013 · leading case: Michigan Bldg. & Constr. Trades Council v. Snyder, 729 F.3d 572 (6th Cir. 2013).
Michigan Bldg. & Constr. Trades Council v. Snyder, 729 F.3d 572 (6th Cir. 2013). · cites it 6× “§ 5 (codified at Mich. Comp. Laws § 408.875 ). It also forbade governmental units from discriminating against bidders on public projects based on whether the bidder had entered into a PLA.”
Michigan Bldg. & Constr. Trades Council v. Snyder, 846 F. Supp. 2d 766 (E.D. Mich. 2012). · cites it 3× “§ 408.875. Section 7 of the Act prohibits the State and all governmental units from awarding a grant, tax abatement, or tax credit conditioned upon a requirement that an awardee include a term described in Section 5(a) or 5(b).”
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