Peters v. Hartford Accident & Indemnity Co.

This case, which arises under G. L. c. 149, § 29, involves the scope of the payment bond which prime contractors are required to provide as surety for work done on public projects. Specifically, we are asked to determine whether the trustees of employee fringe benefit funds may maintain an action 1 against the general con tractor’s surety, when the employer primarily liable for contributions to these funds is a "sub-subcontractor.” 2 The Superior Court judge granted the defendant surety company’s motion to dismiss the complaint for failure to state a claim on which relief may be granted,…