D & P Equipment Corp. v. Harvey Construction Co.

There was no error in the entry of summary judgment dismissing this action brought under G. L. c. 149, § 29 (as amended through St. 1972, c. 774, '§ 5), as to Harvey and the surety on Harvey’s bond, because of the plaintiff’s failure to bring the action within the one-year period prescribed by that section. In view of the almost identical language used by the Legislature to define that period in the second paragraph of § 29 (“within one year after the day on which such claimant last performed”) and the notice period in the third paragraph (“within sixty-five days after the day on which the…