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JOHNSON v. MODERN CONTINENTAL CONSTRUCTION CO., INC.; MOHAWK CONSTRUCTION CO., INC

No. 98-P-1145.

49 Mass. App. Ct. 545 (2000)

BRUCE JOHNSON & others v. MODERN CONTINENTAL CONSTRUCTION CO., INC., & another; MOHAWK CONSTRUCTION CO., INC., third-party defendant.

Court of Appeals of Massachusetts, Suffolk.

July 6, 2000.

Attorney(s) appearing for the Case

Brian M. Cullen for Modern Continental Construction Co., Inc., & another.

Richard J. Riley (Margaret M. Abruzese with him) for Mohawk Construction Co., Inc.

Present: PORADA, DREBEN, & DUFFLY, JJ.

PORADA, J.

The principal issues in this case are whether the indemnity clause of a construction subcontract required the subcontractor to indemnify the general contractor for its tort liability to the subcontractor's employee and whether the subcontractor was entitled to recover attorneys' fees and the fee paid an expert witness under the attorneys' fees and cost provisions of the subcontract. We affirm the judgment...

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