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FRAMINGHAM HEAVY EQUIPMENT COMPANY, INC. v. CALLAHAN & SONS, INC.

No. 02-P-1159.

61 Mass. App. Ct. 171 (2004)

FRAMINGHAM HEAVY EQUIPMENT COMPANY, INC. vs. JOHN T. CALLAHAN & SONS, INC., & another.

Appeals Court of Massachusetts, Essex.

May 11, 2004.

Attorney(s) appearing for the Case

The case was heard by Richard E. Welch, III, J.

John J. McGivney (Scott A. Aftuck with him) for the defendants.

Alvin S. Nathanson for the plaintiff.

Present: DUFFLY, DREBEN, & KAFKER, JJ.

DREBEN, J.

In December of 1997, the plaintiff, Framingham Heavy Equipment Company, Inc. (Framingham), an excavation subcontractor, entered into a written contract with a general contractor, John T. Callahan & Sons, Inc. (Callahan), to perform certain site work at the Lynn English High School for $594,000. At that time Callahan already had entered into a contract with the city of Lynn (city) for renovations and an addition to the school. Even before the subcontract...

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