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EMPIRE MASONRY CORP v. FRANKLIN

No. 89-P-1331.

28 Mass. App. Ct. 707 (1990)

555 N.E.2d 603

EMPIRE MASONRY CORP. vs. TOWN OF FRANKLIN & another.

Appeals Court of Massachusetts, Suffolk.

June 22, 1990.

Attorney(s) appearing for the Case

Peter J. Gagne for the plaintiff.

George M. Matthews for the town of Franklin.

Present: ARMSTRONG, KASS, & JACOBS, JJ.

KASS, J.

Upon report by a single justice of this court we are to consider two questions: (1) whether in connection with public construction under G.L.c. 149, §§ 44A-44H, an awarding authority is bound by the substitution procedure described in G.L.c. 149, § 44F(4)(c), if a low sub-bidder withdraws its sub-bid after execution of the general contract; and (2) whether, under § 44F(4...

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