BAYER & MINGOLLA CONSTRUCTION CO. INC. v. DESCHENES


348 Mass. 594 (1965)

205 N.E.2d 208

BAYER & MINGOLLA CONSTRUCTION COMPANY, INC. vs. HECTOR J. DESCHENES & another.

Supreme Judicial Court of Massachusetts, Worcester.

March 2, 1965.


Attorney(s) appearing for the Case

Robert J. Sherer (Frederick W. Roche with him) for the defendant Aetna Insurance Company.

Seymour Weinstein for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


CUTTER, J.

The plaintiff (Bayer) was the general contractor on a State highway contract (the prime contract), awarded on a unit price basis. The defendant Deschenes made a subcontract with Bayer to do certain excavation work "in strict compliance with ... the [p]rime [c]ontract" which was incorporated by reference in the subcontract. The subcontract unit prices were lower than the prime contract unit prices. Under the subcontract all work was to start not later than...

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