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FALL RIVER HOUS. AUTH. v. H.V. COLLINS CAPE COD LATH

414 Mass. 10 (1992)

604 N.E.2d 1310

FALL RIVER HOUSING AUTHORITY vs. H.V. COLLINS COMPANY; CAPE COD LATH & PLASTER, INC., third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

December 23, 1992.

Attorney(s) appearing for the Case

Paul W. Goodale of Rhode Island, for H.V. Collins Company.

Peter J. Gagne for Cape Cod Lath & Plaster, Inc.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

NOLAN, J.

Once again we must work our way through the brambles surrounding the right to indemnity at common law. In this case, there are two issues: (1) whether there is an implied right of indemnification arising from the terms of a subcontract between the general contractor and the subcontractor; and (2) if the right exists in this case, when does an action based on implied contractual indemnity accrue? We hold that there...

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