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SERRAINO v. MAR-D, INC.

228 N.J. Super. 482 (1988)

550 A.2d 178

CHARLES SERRAINO, COMMISSIONER OF LABOR, STATE OF NEW JERSEY, PLAINTIFF, v. MAR-D, INC., AMERON, INC., PIPE LINING DIVISION AND FEDERAL INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division Mercer County.

Decided September 23, 1988.

Attorney(s) appearing for the Case

Elizabeth Zuckerman for plaintiff (W. Cary Edwards, Atty. General of New Jersey, attorney).

Edwin C. Landis, Jr. and Michael C. Caulfield for defendants Ameron, Inc., Pipe Lining Division and Federal Insurance Company (Meyner & Landis, attorneys).

CARCHMAN, J.S.C.

These cross-motions for summary judgment present the novel issue of a general contractor and surety's liability under the Bond Act, N.J.S.A. 2A:44-143 et seq., for a defaulting subcontractor's failure to comply with the Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. In addition, the motions raise the issue of plaintiff Commissioner of Labor's standing to bring this action on behalf of the subcontractor's employees.<...

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