Massachusetts Appeals Court August 16, 1983 (Franchi Bros. Construction Corp. v. Ross)

The defendant was the waterproofing, dampproofing, and caulking subcontractor in the construction of the Sandwich Junior and Senior High School. The subcontract followed the form set out in G. L. c. 149, § 441(3), as in effect prior to St. 1980, c. 579, § 55, including the optional paragaph numbered 6.