SUTTON CORP. v. METROPOLITAN DISTRICT COMMISSION


423 Mass. 200 (1996)

SUTTON CORPORATION v. METROPOLITAN DISTRICT COMMISSION.

Supreme Judicial Court of Massachusetts, Middlesex.

July 16, 1996.


Attorney(s) appearing for the Case

Harvey B. Heafitz (Carol McKenna with him) for the plaintiff.

Christopher W. Morog, Assistant Attorney General (Jason Barshak & James A. Sweeney, Assistant Attorneys General, with him) for the defendant.

Hugh J. Gorman, III, & Joel Lewin for Utility Contractors Association of New England, amicus curiae, submitted a brief.

Joseph M. Corwin & Sally A. Corwin for Associated Subcontractors of Massachusetts, Inc., amicus curiae, submitted a brief.

Joel Lewin & Hugh J. Gorman, III, for Associated General Contractors of Massachusetts, Inc., & another, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.


LYNCH, J.

Sutton Corporation (Sutton) brought this action against the Metropolitan District Commission (MDC) in April, 1982, for damages relating to site preparation work done on the replacement of the General Lawrence Bridge (bridge) in Medford.1 A master was appointed under Mass. R. Civ. P. 53, as amended, 386 Mass. 1237 (1982), who issued a report containing extensive findings of fact and rulings of law. A Superior Court judge adopted...

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