Manuel F. Spencer & Son, Inc. v. Commonwealth

Our main task on these appeals is to make our way through their procedural entanglements. At the end of the trail lie a few narrow substantive questions.

We begin with a bare sketch of the facts. 2 The Commonwealth contracted with Ashland Oil, Inc. (Ashland), for the reconstruction of an eleven mile stretch of Route 3 from Duxbury to Plymouth. Ashland, as general contractor, entered into two contracts, dated March 15 and June 30,1978, with Manuel F. Spencer & Son, Inc. (Spencer), as subcontractor, by which the latter was to do certain drainage work.

The venture required cooperation between the…