WARREN BROTHERS ROADS CO. v. Joseph Rugo, Inc.

The Commonwealth made a written contract with the defendant Joseph Rugo, Inc. (Rugo) for the construction of a building at the Lakeville State Hospital. Pursuant to G. L. c. 149, § 29, Rugo, the prime contractor, as principal, furnished a bond for payment of subcontractors and materialmen. The respondent insurance companies (Employers’ and Aetna) were sureties. This suit by Warren Brothers Roads Company (Warren) is to obtain the benefit of the bond. The facts are stated in a master’s report. The defendants other than Maroni, who did not participate in the hearing before the master, appealed…