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BAYER & MINGOLLA INDUS. v. ORLANDO CONTRACTING CO

6 Mass. App. Ct. 1 (1978)

370 N.E.2d 1381

BAYER & MINGOLLA INDUSTRIES, INC. vs. A.J. ORLANDO CONTRACTING CO., INC.

Appeals Court of Massachusetts, Worcester.

January 6, 1978.

Attorney(s) appearing for the Case

Roger G. Brunelle (Seymour Weinstein with him) for the plaintiff.

John A. Lacaire for the defendant.

Present: HALE, C.J., GRANT, & BROWN, JJ.

BROWN, J.

The plaintiff, a subcontractor, brought this action against the defendant, the general contractor on a State construction contract,1 (1) for release of the retainage (ten percent of the contract) held by the general contractor and (2) for additional money representing the asphalt price adjustment authorized by St. 1974, c. 554. The subcontract provides that the last half of the...

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