Below is a statement from Phil Holahan, MassTech's General Counsel, regarding the recent decision from the Massachusetts Supreme Judicial Court on a case related to MassTech's broadband work:
"In its decision in the case of G4S Technology LLC vs. Massachusetts Technology Park Corporation, the Massachusetts Supreme Judicial Court (“SJC”) concluded that G4S materially breached its contract with MassTech on the MassBroadband 123 network design-build project, and that as a result, G4S’s breach of contract claims against MassTech in connection with that Project are barred, as the Superior Court previously found.
"The SJC also held that MassTech has a viable fraud claim against G4S on account of G4S’s submission of false payment certifications to MassTech during the Project, and has therefore remanded this claim to the Superior Court for further factfinding.
"The SJC has also remanded the case to the Superior Court for further factfinding on G4S’s quantum meruit claim for recovery of additional money on alleged “equitable” grounds. In doing so, the SJC overruled its previous decisions barring quantum merit claims entirely where bad faith intentional breaches of the relevant contract by the claimant are shown, as they were here."
Additional information on the case:
- Watch the video of oral arguments in the case via Suffolk University's SJC website.
- Read the full decision here (PDF download).
- You can also read coverage of the SJC's decision on the Springfield Republican's website.