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Gaffny Plumbing & Heating Corp. v. C. A. Batson Co.

Citations: 1 Mass. App. Ct. 802; 294 N.E.2d 445; 1973 Mass. App. LEXIS 529

Court: Massachusetts Appeals Court; January 18, 1973; Massachusetts; State Appellate Court

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The final decree of the Superior Court, which held the general contractor liable to the plumbing subcontractor for the costs associated with supplying and placing stone in subsurface leaching fields of a sewage disposal system, has been reversed. The court found no ambiguity in the terms "stone" and "backfill," affirming that the types of stone referenced in the specifications and drawings are included in the materials the subcontractor was obligated to supply. Consequently, the new final decree will establish that the subcontractor is solely responsible for the expenses related to the stone in the leaching fields. The defendant is awarded costs for the appeal, with David C. Hawkins representing the defendant and Sally A. Corwin representing the plaintiff.