Fiske's Garden Center, Inc. v. Sydney Construction Co.

The general contractor on a public construction project and its surety on the bond required by G. L. c. 149, § 29 (as amended through St. 1964, c. 609, §§ 4 and 5) have appealed from a final decree entered in the Superior Court (on a bill filed under § 29) establishing their respective liabilities to the plaintiff, a sub subcontractor which furnished labor and materials incorporated in the project. As the evidence clearly warranted (if indeed it did not require) a finding that the labor and materials furnished by the plaintiff on October 2, 1969, were furnished pursuant to the plaintiffs…