Hayes & Swift, Inc. v. Sabia Construction Co.

The defendant, Sabia Construction Co., Inc. (Sabia), was the general contractor for renovation and construction of the Claremont Municipal Complex. The plaintiff, Hayes & Swift, Inc. (Hayes), was the masonry subcontractor. During construction, the parties engaged in a series of disputes, which culminated in Hayes’ abandoning the job before it was completed.

As provided in the contract between the parties, Sabia had made a series of “progress payments” to Hayes. The amount of each payment was calculated as

“the percentage of completion allowed to the Contractor for the Work of this Subcontractor…