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PERINI CORPORATION v. MASSACHUSETTS PORT AUTH.

2 Mass. App. Ct. 34 (1974)

308 N.E.2d 562

PERINI CORPORATION vs. MASSACHUSETTS PORT AUTHORITY.

Appeals Court of Massachusetts, Suffolk.

March 14, 1974.

Attorney(s) appearing for the Case

William L. Patton (John M. Harrington, Jr., with him) for the defendant.

Herman Snyder (Steven J. Comen with him) for the plaintiff.

Present: GOODMAN, KEVILLE, & ARMSTRONG, JJ.

ARMSTRONG, J.

This is an action brought by Perini Corporation (Perini) to recover damages under a contract to construct the foundation of the Southwest Air Terminal at Logan International Airport. The declaration contains four counts. Counts one and two are a claim for payment at a unit price fixed by the contract for certain "preexcavation" or predrilling of locations where piles were to be driven, which predrilling Perini

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