Superior Mechanical Plumbing & Heating, Inc. v. Insurance of the West

The defendant, Insurance Company of the West (Insurance Company), surety for L.A. Fitness International, LLC (L.A. Fitness), appeals from summary judgment in favor of the plaintiff, Superior Mechanical Plumbing and Heating, Inc. (Superior), on Superior’s claim to enforce a mechanic’s lien pursuant to G. L. c. 254, § 4. Superior performed plumbing work under a subcontract with PinnCon LLC (PinnCon), the general contractor for the construction of an L.A. Fitness sports facility in Saugus (project). The issue on appeal is whether amounts were due or to become due to PinnCon on the date *585L.A.…