WORCESTER AIR CONDITIONING v. COMMERCIAL U INS


14 Mass. App. Ct. 352 (1982)

439 N.E.2d 845

WORCESTER AIR CONDITIONING COMPANY, INC. vs. COMMERCIAL UNION INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

August 31, 1982.


Attorney(s) appearing for the Case

Charles M. Burnim (John J. Jennings with him) for the defendant.

Peter J. Gagne for the plaintiff.

Present: ARMSTRONG, ROSE, & GREANEY, JJ.


ROSE, J.

The plaintiff, a sub-subcontractor, commenced this suit to recover under G.L.c. 149, § 29, for labor and materials upon a statutory payment bond executed by the defendant, a surety company, in connection with the construction of a building. A judge, sitting without a jury, found that the plaintiff completed work pursuant to the basic written contract and also performed extra work orders within the protective scope of the payment bond. The court awarded...

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