Lawrence Plate and Window Glass Co. vs. Varrasso Bros., Inc. & another, 353 Mass. 631

02/06/1968 Posted By: Corwin & Corwin LLP

court: SUPREME JUDICIAL COURT OF MASSACHUSETTS
Citation: 353 Mass.631
Parties: LAWRENCE PLATE AND WINDOW GLASS CO. vs. VARRASSO BROS., INC. & another. 1
County: Suffolk
Hearing Date: January 3, 1968
Decision Date: February 6, 1968
Judges: WILKINS, C.J., SPALDING, CUTTER, KIRK, & REARDON, JJ.

The provision of G. L. c. 149, Section 29, as amended through St. 1964, c. 609, Sections 4, 5, that no claim "for specially fabricated material ordered by a subcontractor" shall be enforceable against the statutory security on a public building construction project "unless written notice of the placement of the order . . . has been given to the contractor principal on the bond within twenty days after such placement," applies only to claims for specially fabricated material ordered by a subcontractor "but not used or employed" in the project, and lack of such notice to the general contractor on such a project did not bar enforcement against the statutory security of a claim for specially fabricated material ordered by a subcontractor and incorporated in the building.

BILL IN EQUITY filed in the Superior Court on February 28, 1966.

The case was heard by Chmielinski, J.

Joseph M. Corwin (Jon C. Mazuy with him) for the plaintiff.

No argument or brief for the defendants.