" MCS Enters., Ltd. v. Henry, 2006 Mass. App. Div. 47, 48. "Summary judgment for a plaintiff may, of course, be properly granted." Public Works Supply Co. v. C O Enters.,Inc., 2006 Mass. App. Div. 85, 86. Advance's materials were sufficient to satisfy its burden as the Rule 56 moving party and to shift to Catfish the obligation to advance specific facts demonstrating me existence of a genuine factual dispute necessitating a trial on the merits. Pederson v. Time, Inc., 404 Mass. 14, 17 (1989); Allen v. Intralearn Software Corp., 2006 Mass. App. Div. 71, 73.
This is the second case decided this date which arises from Atlantic Mutual Insurance Company's ("Atlantic") refusal to honor a payment bond it issued on a public construction project for which Public Works Supply Co., Inc. ("Public Works") furnished materials. See Public Works Supply Co., Inc. v. CO Enterprises, Inc., 2006 Mass. App. Div. 85. BBC was the general contractor on a public library renovation project in Canton, Massachusetts. Atlantic issued a G.L.c. 149, § 29 payment bond to BBC. Kevton Corporation ("Kevton") was the subcontractor that ordered certain supplies and materials from Public Works. Public Works claimed that it delivered the goods in question, but that Kevton did not make payment Public Works' subsequent demands for payment to Atlantic under the payment bond it issued were also refused. As noted in the previous case, the purpose of G.L.c. 149, § 29 is to protect those who work on public construction projects.