Manganaro Drywall, Inc. v. White Construction Co.

The defendants appeal from a judgment against them as principal and surety respectively in a proceeding brought by the plaintiff subcontractor under G. L. c. 149, § 29, to collect the balance due it on a public works project. This appeal concerns only the question whether the judge’s allowance of the claimant’s legal fees was proper. The defendants argue that that portion of G. L. c. 149, § 29, set forth in the margin,2 which permits a successful claimant to recover reasonable legal fees, is unconstitutional. They claim that they are denied equal protection of the laws because § 29 grants…