N.B. Kenney Co. v. National Union Fire Insurance Co. of Pittsburgh, PA

The plaintiff (Kenney), a heating, ventilation, and air conditioning (HVAC) subcontractor on a school construction project in the town of Ipswich (Ipswich), appeals from a judgment dismissing its complaint against the defendant (National Union), surety for the general contractor, Westcott Construction Corporation (Westcott), seeking payment on the surety bond of $286,282.60 Kenney claimed to be owed for its work on the school. The judge dismissed the action on the basis that it was time-barred by G. L. c. 149, § 29. That section requires that any action by a subcontractor claiming on the…