International Heating & Air Conditioning Corp. v. Rich Construction Co.

A supplier furnished materials to a subcontractor on a construction project for the city of Boston, and now claims payment under a statutory surety bond securing “payment... for... materials used or employed therein____” G. L. c. 149, § 29, as amended through St. 1964, c. 609, §§ 4, 5. Most of the materials were furnished before February 3,1972. Four rubber vibration eliminators were shipped on February 20, 1973, but were never installed. The supplier filed its sworn statement of claim on April 4, 1973, and the sole question before us is whether that filing was “prior to the expiration of…