M. O'CONNOR CONTRACTING, INC. v. CITY OF BROCKTON.

No. 02-P-1017.

61 Mass. App. Ct. 278 (2004)

M. O'CONNOR CONTRACTING, INC. v. CITY OF BROCKTON.

Appeals Court of Massachusetts, Plymouth.

June 7, 2004.


Attorney(s) appearing for the Case

Charles A. Plunkett for the plaintiff.

Mark Adams for the defendant.

Present: Gelinas, McHugh, & Cohen, JJ.


COHEN, J.

At issue in this appeal is whether the city of Brockton must pay an award of double damages under G. L. c. 93A in a construction contract case that was decided, over the city's objection, by an arbitrator. Although we reject the city's contention that the arbitration agreement cannot be read to authorize arbitration of a c. 93A claim, we nevertheless conclude that the award must be vacated as beyond the arbitrator's authority because it is contrary to principles...

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