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DIAL BLOCK CO. v. MASTRO MASONRY

863 A.2d 373 (2004)

374 N.J. Super. 13

DIAL BLOCK COMPANY, INC., Plaintiff-Appellant, v. MASTRO MASONRY CONTRACTORS, Defendant, and Ernest Bock & Sons, Inc.; XL Specialty Insurance Company, Defendants-Respondents, and Ernest Bock & Sons, Inc., a Pennsylvania Corporation, Defendant/Third-Party Plaintiff, v. Alfred LaPuma, Frank Falco and Joseph Russo, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 2004.

Attorney(s) appearing for the Case

Christopher S. Lipari, argued the cause for appellant (Fitzgerald, McGroarty & Lipari, attorneys; Christopher S. Lipari, on the brief).

John F. Palladino, Atlantic City, argued the cause for respondent (Hankin Sandman Bradley & Palladino, attorneys; John F. Palladino, on the brief).

Before Judges BRAITHWAITE, LISA and WINKELSTEIN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

This case arises out of a contract to build the Atlantic County Special Services School and requires an interpretation of the New Jersey Public Works Bond Act, N.J.S.A. 2A:44-143 to -148 (the Bond Act), which protects laborers, subcontractors and material suppliers who work on public construction projects. Plaintiff is a material supplier that is owed money from Mastro Masonry Contractors...

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