In Elmers Crane v AWM Corp, Michigan Court of Appeals Docket No 266666, the Plaintiff provided a services to a corporate general contractor (“GC”). The GC received payment from the owner which included money due to Elmers. Even though the money went to the GC and the GC was a corporation, the individual that managed the funds of the GC was held liable for violation of the Michigan Builders Trust Fund Act (“MBTFA”). The court reasoned that once the MBTFA has been violated, the court can look to the individual behind the corporation and hold him/her personally liable for such a violation.
Question – Can a book keeper of the corporation be equally held liable?