John H. Barrett, Inc. v. Joseph Rugo, Inc.

1. As we read the master’s subsidiary findings (see Wormstead v. Town Manager of Saugus, 366 Mass. 659, 660-661 [1975]), the •rain water leader was properly constructed by the plaintiff but subsequently became clogged without fault on the plaintiff’s part. As the plaintiff was under no contractual obligation to repair the subsequent damage to its work, Rugo, by ordering the plaintiff to perform the necessary remedial work, became liable for the fair and reasonable value of that work when it was completed. Compare McGovern v. Salem, 214 Mass. 358, 362 (1913); M. L. Shalloo, Inc. v. Ricciardi &…