WARREN BROTHERS CO. v. PEERLESS INS. CO.


8 Mass. App. Ct. 719 (1979)

397 N.E.2d 329

WARREN BROTHERS COMPANY vs. PEERLESS INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

November 16, 1979.


Attorney(s) appearing for the Case

Peter F. Davis for the plaintiff.

Peter J. Gagne for the defendant.

Present: BROWN, DREBEN, & KASS, JJ.


KASS, J.

Must a claimant against a statutory (G.L.c. 254, § 12, as amended by St. 1973, c. 801, § 4) lien bond first have filed a notice of contract under G.L.c. 254, § 4, to maintain his claim? We hold that he must.

The facts necessary to decision are undisputed. Warren Brothers Company (Warren) was a sub-subcontractor employed to do paving on a construction job in Beverly. Its contract was with Mayco Construction, Inc., which, in turn, was...

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