A. J. Wolfe Company vs. Baltimore Contractors, Inc., 355 Mass. 361

Court: SUPREME JUDICIAL COURT OF MASSACHUSETTS Citation: 355 Mass. 361 Parties: A. J. WOLFE COMPANY vs. BALTIMORE CONTRACTORS, INC. & another.1 County: Suffolk Hearing Date: December 4, 1968 Decision Date: February 7, 1969 Judges: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ. A provision of a subcontract for electrical work in the construction of a building, that payments by the general contractor on monthly requisitions submitted by the subcontractor should be made “within 10 days after” receipt by the general contractor of “monthly progress payments” by the owners, did not make such receipts a condition precedent to payments to the subcontractor by the general contractor, but merely set a time for the payments. [365] Under a provision of a subcontract for electrical work in the construction of a building, that if final payment to the general contractor by the owners should be withheld because of a dispute between them “which in no way involves . . . [the subcontractor’s] work . . . then the balance” due the subcontractor from the general contractor should be paid within ninety days after demand, where it appeared that only a minor portion of the subcontractor’s work was in dispute, he was entitled to be paid for the portion not in dispute within a reasonable time after demand. [368] Under a provision of a contract between the general contractor in the construction of a building and a subcontractor, that “Unless the ————————-