The Michigan Court of Appeals, in Windrush, Inc v Vanpopering, Case No. 315958 (June 19, 2014), concluded that a plaintiff can maintain an action for statutory conversion stemming from a defendant’s alleged violation of the Michigan Builders’ Trust Fund Act (MBTFA).
The appellate court observed that nothing in the MBTFA indicates a legislative attempt to fashion an exclusive remedy for a trust fund violation, quite the contrary.
Similarly, when drafting MCL 600.2919a, the Michigan Legislature provided that a statutory conversion claim can be made “in addition to any other right or remedy” provided by law or otherwise.
Therefore, while claims for the conversion of money – as would be the case when combining a claim under MBTFA with §2919a – are often difficult to prove given the unique evidentiary hurdles §2919a mandates, the Windrush decision makes clear such a claim is wholly permitted and is in keeping with the remedial provisions of the MBTFA.
PartnerMatthew J. Boettcher is a member of Plunkett Cooney's Board of Directors and serves as Leader of the firm's Commercial Litigation Practice Group. Mr. Boettcher, who practices in the Bloomfield Hills office, represents clients in ...
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