Limbach Company vs. George B. H. Macomber Company, 357 Mass. 475

05/08/1970 Posted By: Corwin & Corwin LLP

citation: 357 Mass. 475
Parties: LIMBACH COMPANY vs. GEORGE B. H. MACOMBER COMPANY.
County: Suffolk
Hearing Date: March 4, 1970
Decision Date: May 8, 1970
Judges: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.

In a suit in equity by a plumbing subcontractor for a declaratory decree
that he was not required by his contract with the defendant general
contractor to install internal piping within fume hoods in a building
under construction, where it appeared that when the plaintiff submitted
his bid the pertinent plans available merely showed rectangular boxes
depicting the fume hoods, circles showing the outlets inside the hoods
for water, gas, and air services, and parallel lines showing connections
only to the outside of the hoods, that a plan specifically defined the
circles as "outlets," and that the specifications simply required the
plaintiff to furnish required valved water and gas, air and drain
connections "to" the fume hoods, it was held, upon a motion by the
plaintiff for summary judgment under G. L. c. 231, Section 59, as
amended Page 476 by St. 1965, c. 491, Section 1, supported by an affidavit of his
engineer that the plans contained no requirements for internal piping,