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M. DeMATTEO CONSTRUCTION CO. v. A.C. DELLOVADE

No. 94-P-828.

39 Mass. App. Ct. 1 (1995)

M. DeMATTEO CONSTRUCTION COMPANY vs. A.C. DELLOVADE, INC.

Appeals Court of Massachusetts, Middlesex.

July 27, 1995.

Attorney(s) appearing for the Case

James K. Kaufmann for the plaintiff.

John J. McGivney for the defendant.

Mark E. Tully & U. Gwyn Williams, for Wheelabrator Air Pollution Control, Inc., amicus curiae, submitted a brief.

Present: KASS, SMITH, & LAURENCE, JJ.

KASS, J.

At issue is the enforceability of an indemnification provision in a written agreement for construction services between M. DeMatteo Construction Co. (DeMatteo), a general contractor, and A.C. Dellovade (Dellovade), a subcontractor. DeMatteo hired Dellovade to perform roofing and siding work on a building in Saugus owned by Refuse Energy Systems Company. On December 24, 1990, an ironworker employed by Dellovade, Gary DeSousa, fell after stepping to a lower...

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