Marinucci Bros. & Co. Inc. v. Semper Constr. Co. Inc.

The plaintiff (Marinucci), having under date of May 14, 1957, contracted with the Commonwealth to build a section of the Southeast Expressway, on May 1,1958, made a subcontract with Semper Construction Co. Inc. (Semper) for Semper’s delivery of fill material to the job site in Braintree. Semper as principal and New Amsterdam Casualty Company (New Amsterdam) as surety gave Marinucci a “Labor and Material Payment Bond” (Semper’s bond) conditioned that Semper “make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance…