Curran & Desharnais Obtains $400,000 Jury Verdict in Plymouth Superior Court

On May 22, 2017, Attorney Joseph Curran of Curran & Desharnais, P.C. began a four day trial in Brockton Superior Court (Plymouth County Superior Court) which ended with a jury returning a verdict in favor of his client in the amount of $400,000 (not including prejudgment interest). With interest, the judgment will stand at approximately $600,000 and there is a potential for a multiplication of damages based on a jury’s finding in favor of our client for the defendant’s violations of Massachusetts General Laws c. 93A, section 11.

Our client was a construction excavation and site work subcontractor who was wrongfully terminated from a large construction project being completed for a luxury auto dealership.

Our client submitted a bid to the defendant General Contractor for the work in the amount of approximately $825,000 which was accepted. After exchanging numerous written proposals, invoices and emails, our client was instructed to mobilize his crew and begin work on the project.

Shortly after beginning its work, which included mobilizing multiple pieces of heavy equipment and performing excavation work, our client was instructed several times to stop and re-start its work again, sometimes with less than 24 hours.

Eventually, our client was called into a meeting and was told that his company would not be performing the site excavation work and was told to remove his company’s equipment from the job site.
constructionNot only did the defendant refuse to allow our client to complete the project, but refused to pay his company approximately $28,000 for excavation work already completed on the project. During trial, our client testified that the defendant (a large general contracting firm) had often invited his company to submit bids on various projects but had never awarded his company a project essentially using his bid as a price check against other competing companies. As a result of the defendant’s wrongful termination, our client sustained substantial financial damages including a loss of profits that his company would have made on the project and were relying on to support their operations and further resulted in a loss in revenue from other projects that our client was forced to turn away due to his company’s commitment of resources to the project they had been contracted to perform. During Attorney Curran’s cross examination of the defendant’s financial officer, the defendant was forced to admit to the jury that it had been paid approximately $9 million dollars by the project owner for its work on the project and that it had received every penny it was owed while leaving our client, a smaller subcontractor having to file a lawsuit to recover its losses.

For its part, the Defendant claimed that the parties had never entered into a binding contract and that the defendant had only hired our client to perform a small amount of work on the project.

Through extensive pre-trial discovery spanning over two years, which included depositions of witnesses and extensive document production, Attorney Curran was able to find evidence showing that the parties had in fact entered into a binding contractual agreement and that the defendant had wrongfully terminated his client from the project. Attorney Curran was further able to show through documents and through witness testimony that the defendant’s actions were not only a breach of the parties’ agreement but in fact were unfair and deceptive acts and practices under Massachusetts General Laws c. 93A section 11, potentially allowing for an award of multiple damages.

On the morning of the trial, the defendant’s counsel had offered to pay the $28,000 in work completed but refused to pay ANY interest on the money that was owed to our client. We refused this insulting offer and went to trial.

 

For Massachusetts construction contractors and property owners, protecting their investment in a building or remodeling project is an important concern, especially when disputes arise. The law office of Curran & Desharnais, P.C. in Weymouth provides representation for general contractors, subcontractors, individuals and property owners throughout Massachusetts in a variety of construction and contract law matters. Curran & Desharnais also handles general civil litigation including claims arising out of personal injuries such as car or motorcycle accidents and medical negligence.

We value our clients and we welcome all referrals. If you refer someone to us, we promise to answer their questions and provide them with first-rate, attentive service. And if you’ve already referred someone to our firm, thank you!

Call a Boston area litigation attorney today at the Law Office of Curran & Desharnais, P.C. at 781-331-3811 to discuss your next real estate transaction or to discuss a potential legal claim.  Curran & Desharnais, P.C. in Weymouth MA services clients throughout Massachusetts including Boston, Dorchester, Brookline, Milton, Quincy, Weymouth, Braintree, Hingham, Norwell, Rockland, Dedham, Norwood, Canton, Plymouth, Scituate, Cohasset, Pembroke, Hanover and else ware. 

Construction Contracts, Construction Law, Construction Site Accidents, Massachusetts Civil Litigation, Massachusetts Real Estate Law, Premises Liability, Weymouth Construction Accident Lawyers

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