Baldarelli Bros. v. O'Brien Excavating & Trucking, Inc.

This is a claim on a payment bond issued to a general contractor on a public construction project pursuant to G.L.c. 149, Sec. 29. The plaintiff, a material supplier to a subcontractor, delivered structural fill and is owed $21,671. The defendants R.A.C. Builders, Inc., the general contractor, and Fidelity, the surety, while agreeing that the plaintiff has not been paid the amount in question, contend that the plaintiff did not comply with the “written notice” requirement of the statute, thus absolving them of financial liability-

The case came on for trial before me sitting without jury, the…