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Contracts Keyed to Marshall
Chase Precast Corp. v. John J. Paonessa Co.
Citation:
566 N.E.2d 603 (1991)Facts
In 1982, the Commonwealth, through the Department of Public Works, entered into two contracts with Paonessa for resurfacing and improvements to two stretches of Route 128. The highway reconstruction began in the spring of 1983. By late May, the department was receiving protests from angry residents who objected to use of the concrete median barriers and removal of the grass median strip. Paonessa and Chase became aware of the protest around June 1. On June 6, a group of about 100 citizens filed an action in the Superior Court to stop installation of the concrete median barriers and other aspects of the work. On June 7, anticipating modification by the department, Paonessa notified Chase by letter to stop producing concrete barriers for the projects. Chase did so upon receipt of the letter the following day. On June 17, the department and the citizens’ group entered into a settlement which provided, in part, that no additional concrete median barriers would be installed. On June 23, the department deleted the permanent concrete median barriers item from its contracts with Paonessa.
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Topic Resources
Topic Outline
Excuse to PerformanceTopic Refresher Course
Mistake and Impossibility