A. BONFATTI & CO., INC. v. ROCKPORT


12 Mass. App. Ct. 797 (1981)

429 N.E.2d 75

A. BONFATTI & CO., INC. vs. TOWN OF ROCKPORT.

Appeals Court of Massachusetts, Norfolk.

December 17, 1981.


Attorney(s) appearing for the Case

Janet B. Fierman (David Lee Turner with her) for the defendant.

Edward F. Vena for the plaintiff.

Present: ARMSTRONG, CUTTER, & KASS, JJ.


KASS, J.

Under G.L.c. 30, § 39K, a public body must pay to the contractor on a public construction job the amount of the final payment requisition within sixty-five days after the contractor fully completes the work. We hold that the town of Rockport, whose specially retained engineer had approved a final requisition in writing, is liable for the balance of the construction contract in the absence of facts indicating that the engineer's approval was made "in...

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