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F & W WELDING SERVICE, INC. v. ADL CONTRACTING CORPORATION

(14068)

217 Conn. 507 (1991)

F & W WELDING SERVICE, INC. v. ADL CONTRACTING CORPORATION

Supreme Court of Connecticut.

Decision released February 26, 1991.

Attorney(s) appearing for the Case

Charles A. Sherwood, for the appellant (plaintiff).

Lawrence J. Carboni, for the appellee (garnishee town of Orange).

PETERS, C. J., SHEA, CALLAHAN, GLASS and COVELLO, Js.

GLASS, J.

The sole issue in this appeal is whether the money retained (retainage) until completion and acceptance of a contractor's performance under the terms of a municipal construction contract constitutes a "debt due" for purposes of garnishment under General Statutes § 52-3291 before the contractor completes and the municipality accepts performance. The trial court determined that because the performance of ADL Contracting Corporation...

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