Michigan Compiled Laws

Mich. Comp. Laws § 570.104 (2026)

Bond of contractor on public works; prosecution, recovery.

✓ current as of July 2026

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PUBLIC BUILDINGS AND PUBLIC WORKS; BOND OF CONTRACTOR

Act 187 of 1905

570.104 Bond of contractor on public works; prosecution, recovery.

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.

History: 1905, Act 187, Eff. Sept. 16, 1905 ;-- CL 1915, 14830 ;-- Am. 1925, Act 384, Eff. Aug. 27, 1925 ;-- CL 1929, 13135 ;-- CL 1948, 570.104

Notes of Decisions

Cited in 4 cases, 1968–2013 · leading case: Camelot Excavating Co. v. St. Paul Fire & Marine Ins., 280 N.W.2d 491 (Mich. Ct. App. 1979).

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Camelot Excavating Co. v. St. Paul Fire & Marine Ins., 280 N.W.2d 491 (Mich. Ct. App. 1979). · cites it 2× “It would furthermore be totally incongruous to hold that plaintiff herein has six years within which to commence suit on a private bond, when other claimants must by statute press their suits pursuant to a required public bond within one year of the completion and acceptance of…”

Rasins Landscape & Assocs., Inc. v. Michigan Dep't of Transp., 528 F. App'x 441 (6th Cir. 2013). “101 , an unpaid subcontractor’s remedy is to sue the surety, not to request that the Department compel the surety to pay, see Mich. Comp. Laws § 570.104 . Rasins failed to exercise its opportunity to seek payment from the sureties.”

Holmes v. Ins. Co. of North Am., 288 F. Supp. 325 (W.D. Mich. 1968). “’48, § 570.104; C.L. ’29, § 13135; C.L. ’15, § 14830.”

Camelot Excavating Co., Inc. v. St. Paul Fire & Marine Ins. Co., 301 N.W.2d 275 (Mich. 1981). · cites it 2× “See also, as to construction and maintenance contracts of the Department of Transportation, MCL 570.104; MSA 26.324; restricted by MCL 129.”

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