WHITE CONSTRUCTION CO., INC. v. COMMONWEALTH


11 Mass. App. Ct. 640 (1981)

418 N.E.2d 357

WHITE CONSTRUCTION CO., INC. vs. COMMONWEALTH (and a Companion case).

Appeals Court of Massachusetts, Suffolk.

March 31, 1981.


Attorney(s) appearing for the Case

Christopher H. Worthington, Assistant Attorney General, for the Commonwealth.

Richard L. Neumeier & Robert M. Gault (Philander S. Ratzkoff & Alice D. Alexander with them) for Desmond & Lord, Inc.

Present: ARMSTRONG, PERRETTA, & KASS, JJ.


KASS, J.

Article XIII of the standard form of agreement employed — and drafted — by the Commonwealth in 1966 to hire architectural services conferred upon the architect an unconditional release of all liability, including design errors, before construction on the project involved even began. Because the language of Article XIII effectively nullifies the statutory mandate of G.L.c. 7, § 30C, as...

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