Citation: 357 Mass. 475
Parties: LIMBACH COMPANY vs. GEORGE B. H. MACOMBER COMPANY.
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 by St. 1965, c. 491, Section 1, supported by an affidavit of his engineer that the plans contained no requirements for internal piping.