Big D Carpets, Inc. v. Welch Group, Inc.

The Welch Group, a general contractor on a construction project in Westfield, appeals from a default judgment whereby the plaintiff, an unpaid carpeting and flooring subcontractor, was awarded compensation for work done. Welch Group claims on appeal that the court lacked jurisdiction due to the failure of the plaintiff to file a bond under G. L. c. 246, § 1.

That section, as amended through St. 1986, c. 708, § 8, provides that, except for certain specific types of actions, “no *313summons and complaint in any action seeking damages in excess of one thousand dollars shall be served upon any alleged…