Ferguson v. Marshall Contractors, Inc.

OPINION

WEISBERGER, Chief Justice.

This case comes before us on an appeal by the cross-claimant, Marshall Contractors, Inc. d.b.a. Algonquin Builders (Marshall), from a judgment entered in the Superior Court in favor of Bennington Iron Works (Bennington), the codefendant, against whom the cross-claim was filed. We vacate the judgment and remand the case to the Superior Court for a trial on the merits. The facts insofar as pertinent to this appeal are as follows.

Marshall was the general contractor on a project to build a manufacturing facility in Dartmouth, Massachusetts, for the Tit-leist Golf…