BASTIANELLI v. NATIONAL UNION FIRE INSURANCE

No. 93-P-126.

36 Mass. App. Ct. 367 (1994)

631 N.E.2d 566

WILLIAM BASTIANELLI vs. NATIONAL UNION FIRE INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

April 21, 1994.


Attorney(s) appearing for the Case

Charles E. Schaub, Jr., for the defendant.

Harvey B. Heafitz for the plaintiff.

Present: BROWN, SMITH, & LAURENCE, JJ.


BROWN, J.

The plaintiff seeks to recover for trucking services provided by him to a subcontractor on a public works project for which the defendant Modern Continental Construction Company (Modern) was the general contractor. The plaintiff advances alternate theories: First, he alleges that the services were rendered directly to Modern, and thus, Modern owed him for their fair value. Alternatively, he claims that he is entitled to recover under a payment bond issued...

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