JP Smith Co. Inc. v. Wexler Construction Co. Inc.

J. P. Smith Co., Inc. (Smith) was an intervener in proceedings brought by another corporation, not presently concerned, to obtain the benefit of the bond given by The Travelers Indemnity Company (Travelers) under G. L. c. 149, § 29, as security for the payment for work and materials by the contractor and subcontractors on a public school building in Framingham. Smith was a sub subcontractor of Rusco Products of Massachusetts, Inc. (Rusco), but was not subject to the bidding procedures of G. L. c. 149. Rusco had the aluminum window and window wall subcontract with the general contractor,…