Empire Masonry Corp. v. Town of Franklin

Upon report by a single justice of this court we are to consider two questions: (1) whether in connection with public construction under G. L. c. 149, §§ 44A-44H, an awarding authority is bound by the substitution procedure described in G. L. c. 149, § 44F(4)(c), if a low sub-bidder withdraws its sub-bid after execution of the general contract; *708and (2) whether, under § 44F(4)(c), a general contractor must obtain executed subcontracts for the subtrades on a job prior to execution of the general contract. When the low filed sub-bidder falls away, the substitution procedure requires the general…