SUFFOLK CONSTRUCTION COMPANY, INC. v. LANCO SCAFFOLDING CO., INC.

No. 97-P-807.

47 Mass. App. Ct. 726 (1999)

SUFFOLK CONSTRUCTION COMPANY, INC. v. LANCO SCAFFOLDING CO., INC.

Court of Appeals of Massachusetts, Suffolk.

September 15, 1999.


Attorney(s) appearing for the Case

Lawrence J. Kenney, Jr. (Robert G. Eaton & Roger H. Randall with him) for the defendant.

John E. Keenan, Jr., for the plaintiff.

Present: KASS, PORADA, & LENK, JJ.


LENK, J.

The central question on appeal is whether a contract between a general contractor and its scaffolding subcontractor should be given retroactive effect such that an indemnification clause in that contract would apply to losses incurred before the date of the written contract.

On May 22, 1991, while working at a construction site for a public school, Stephen Hast fell off some scaffolding and was injured. Hast thereafter brought suit against the general...

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