Rockwell Roofing, Inc. v. Jan Five Corp., 2007 WL 4248144 (Mass. Super. Ct. Nov. 15, 2007)
The Superior Court ruled on plaintiff’s motion for summary judgment on both its claim and defendant’s counterclaim. The court allowed summary judgment in part and denied it in part. Plaintiff subcontractor filed the action against defendant general contractor and its payment bond surety. The defendant general contractor filed a counterclaim for breach of contract. The subcontractor moved for summary judgment on the general contractor’s counterclaim, arguing that the general contractor failed to provide notice as required by the contract prior to performing work on the contract that was the responsibility of the subcontractor. Summary judgment was granted, dismissing this portion of the general contractor’s counterclaim.