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Supreme Court No. 2008-113-Appeal. (PC06-312)

Air Distribution Corp. v. Airpro Mechanical Company, Inc., et al.

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NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 2223258 of any typographical or other formal errors in order that corrections may be made before the opinion is published.

Supreme Court No. 2008-113-Appeal. (PC06-312)

Air Distribution Corp. v. Airpro Mechanical Company, Inc., et al.

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Present: Goldberg, Acting C.J., Flaherty, Suttell, Robinson, JJ., and Williams, C.J. (ret.) OP I N I O N Justice Robinson for the Court. One of the defendants in this case, Hartford Accident and Indemnity Company (Hartford or defendant), appeals from the Superior Court's grant of summary judgment in favor of the plaintiff, Air Distribution Corp. (Air Distribution or plaintiff). This case concerns the plaintiff's allegation that it was never paid for certain goods that it supplied to a subcontractor for a public building project. As a result of this nonpayment, the plaintiff filed a complaint against the defendant Hartford and codefendant Airpro Mechanical Co., Inc. (Airpro). In that complaint, a count for breach of contract and a count of unjust enrichment were directed against codefendant Airpro, while a third count (concerning a performance and payment bond) was directed against the defendant Hartford. On March 13, 2007, the Superior Court heard and granted plaintiff's motion for summary judgment. The hearing justice's ruling was predicated on this Court's frequently articulated interpretation of G.L. 1956

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