G.M. BUILDERS, INC. v. BARNSTABLE


18 Mass. App. Ct. 664 (1984)

469 N.E.2d 1281

G.M. BUILDERS, INC. vs. TOWN OF BARNSTABLE.

Appeals Court of Massachusetts, Barnstable.

October 22, 1984.


Attorney(s) appearing for the Case

Merriann M. Panarella for the plaintiff.

Bruce P. Gilmore, Town Counsel (Barbara Harris, Assistant Town Counsel, with him) for the defendant.

Present: GREANEY, C.J., GRANT, & FINE, JJ.


GREANEY, C.J.

This is an action by G.M. Builders, Inc. (G.M.), against the town of Barnstable (town) seeking $75,000 in damages for the town's alleged failure to acquire a bond under G.L.c. 149, § 29, as amended through St. 1978, c. 155, § 1, in connection with certain construction work at the Hyannis airport. G.M. claims that it was entitled to protection by such a bond. The action was heard by a Superior Court judge sitting without a jury. The judge entered...

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