Casner & Edwards

Summary judgment against Big Dig contractor in a claim for damages

Terrance J. Hamilton obtained summary judgment on behalf of a performance and payment bond surety in which a contractor on the Big Dig project sought damages from the surety when a subcontractor on the project was defaulted. Although the surety, under its bond, made payments toward the completion of the subcontract work, the general contractor sought additional damages of $600,000 in excess of the penal sum of the bond when the cost of the work doubled during construction. The Superior Court ruled that there was no evidence of any trade custom or practice that the penal sum of the performance and payment bond automatically increases with change orders to the subcontract. The Court also dismissed 93A and 176D claims of the general contractor and a material supplier. Continental Casualty Co. v. Jay Cashman, et al., Suffolk Superior Court Civil Action No. 03-3119H.

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