MASSACHUSETTS HIGHWAY DEPARTMENT v. PERINI CORPORATION


444 Mass. 366 (2005)

MASSACHUSETTS HIGHWAY DEPARTMENT & another vs. PERINI CORPORATION & others (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 26, 2005.


Attorney(s) appearing for the Case

Michael B. Donahue (Michael D. Powers with him) for Massachusetts Turnpike Authority.

Garrick F. Cole, Special Assistant Attorney General, for Massachusetts Highway Department.

Joel Lewin (Andrew W. Daniels & Michael D. Healan with him) for Perini Corporation & others.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


CORDY, J.

An arbitration panel, commissioned to resolve certain disagreements between the public agencies overseeing the Central Artery/Tunnel Project (Massachusetts Highway Department and the Massachusetts Turnpike Authority, collectively, the project) and one of its general contractors, determined that it had the authority to hear the contractor's claim to additional compensation for unexpected construction problems. The...

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