ATLANTIC PIPE CORP. v. R.J. LONGO CONSTR. CO.

No. 92-P-541.

35 Mass. App. Ct. 459 (1993)

622 N.E.2d 279

ATLANTIC PIPE CORPORATION vs. R.J. LONGO CONSTRUCTION COMPANY & another.

Appeals Court of Massachusetts, Suffolk.

November 3, 1993.


Attorney(s) appearing for the Case

David J. Fine (Thomas J. Doherty with him) for the defendants.

Kenneth R. Berman for the plaintiff.

Present: SMITH, KAPLAN, & GREENBERG, JJ.


SMITH, J.

R.J. Longo Construction Company (Longo), was employed as the general contractor from 1984 to 1986 on a sewer project known as the New Boston Main Interceptor Project. Safeco Insurance Company (Safeco) provided a payment bond to Longo pursuant to G.L.c. 149, § 29, to insure Longo's payments to its subcontractors.

On or about May 16, 1984, Longo entered into two contracts with Atlantic Pipe Corporation (Atlantic), a manufacturer of reinforced...

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