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JOHN D. AHERN CO. v. TRUSTEES OF BOSTON UNIV.

12 Mass. App. Ct. 47 (1981)

421 N.E.2d 477

JOHN D. AHERN CO., INC. vs. TRUSTEES OF BOSTON UNIVERSITY (and a companion case).

Appeals Court of Massachusetts, Suffolk.

June 8, 1981.

Attorney(s) appearing for the Case

Peter J. Gagne for the plaintiffs.

Robert W. Mahoney (Thomas D. Herman with him) for Trustees of Boston University.

Present: GREANEY, CUTTER, & KASS, JJ.

GREANEY, J.

On July 12, 1971, the Trustees of Boston University (University) solicited bids for the second phase of a construction project involving renovations to a multistory building owned by it at 881 Commonwealth Avenue in Boston. Prospective bidders on the general contract were advised by the bid instructions that "a ... payment bond ... will be required" and by paragraph H of the general bid proposal that their...

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