Bayer & Mingolla Industries, Inc. v. A. J. Orlando Contracting Co.

The plaintiff, a subcontractor, brought this action against the defendant, the general contractor on a State construction contract,1 (1) for release of the retain-age (ten percent of the contract) held by the general contractor and (2) for additional money representing the asphalt price adjustment authorized by St. 1974, c. 554. The subcontract provides that the last half of the retainage (five percent) will be paid "upon receipt of final payment from the owner.” The defendant has refused to release the remaining five percent retainage, claiming this amount is not due because the Commonwealth…