Legal Opinion

Mestek, Inc. v. United Pacific Insurance

Massachusetts Appeals Court

Decided July 17, 1996No. 95-P-967PublishedCited by 34 opinions

1Opinion of the CourtPorada, J.

The principal issue presented by this appeal is whether principles of res judicata barred a sub-subcontractor from maintaining an action against the general contractor’s surety on a labor and materials bond for a public works project. We conclude they did and affirm the summary judgment entered for the defendant by the motion judge on this ground.

We summarize the facts which are not in dispute. TLT Construction Company (TLT) was awarded a contract to renovate a garage for the Massachusetts Bay Transportation Authority. In order to comply with G. L. c. 149, § 29, TLT *730obtained a labor and…

2Cases cited6 opinions

  1. Steve Isaac v. William SchwartzCourt of Appeals for the First Circuit · 1983
  2. Fall River Hous. Auth. v. HV COLLINS CAPE COD LATHMassachusetts Supreme Judicial Court · 1992
  3. Rhode Island Hospital Trust National Bank v. The Ohio Casualty Insurance CompanyCourt of Appeals for the First Circuit · 1986
  4. Osserman v. JacobsMassachusetts Supreme Judicial Court · 1975
  5. Eastern Electrical Co. v. Taylor Woodrow Blitman Construction Corp.Massachusetts Appeals Court · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. In Re Sonus Networks, Inc.Court of Appeals for the First Circuit · 2007
  2. TLT Construction Corp. v. A. Anthony Tappe & Associates, Inc.Massachusetts Appeals Court · 1999
  3. Buffalo-Water 1, LLC v. Fidelity Real Estate Company, LLCMassachusetts Supreme Judicial Court · 2018
  4. M.J. Flaherty Co. v. United States Fidelity & Guaranty Co.Massachusetts Appeals Court · 2004
  5. In Re Sonus Networks, Inc. Shareholder DerivativeDistrict Court, D. Massachusetts · 2006

29 more not listed; retrieve them via the Exa API.

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