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FONTAINE BROTHERS, INC. v. SPRINGFIELD

No. 92-P-40.

35 Mass. App. Ct. 155 (1993)

617 N.E.2d 1002

FONTAINE BROTHERS, INC. vs. CITY OF SPRINGFIELD.

Appeals Court of Massachusetts, Hampden.

August 18, 1993.

Attorney(s) appearing for the Case

Kathleen E. Tarpey for the defendant.

Philip J. Ryan (Michael P. Ryan with him) for the plaintiff.

Present: KASS, GREENBERG, & LAURENCE, JJ.

KASS, J.

Early in the construction of a fire station for the city of Springfield, a dispute erupted about whether certain excavation work entitled the general contractor, Fontaine Brothers, Inc. (Fontaine), to extra compensation or was within the scope of the work as described by the plans and specifications. The architect for the project, exercising authority to interpret the plans and specifications, ruled that Fontaine was not entitled to extra compensation. Fontaine...

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