Worcester Air Conditioning Co. v. Commercial Union Insurance

The plaintiff, a sub-subcontractor, commenced this suit to recover under G. L. c. 149, § 29, for labor and materials upon a statutory payment bond executed by the defendant, a surety company, in connection with the construction of a building. A judge, sitting without a jury, found that the plaintiff completed work pursuant to the basic written contract and also performed extra work orders within the protective scope of the payment bond. The court awarded the plaintiff $20,433, representing basic contract work and extra work orders, less back charges, plus interest, legal fees and cost of…