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ARTICLE ID 182809

CONFIDENTIAL Contract - Plaintiff architect contends that defendant developer failed to pay for services rendered by the plaintiff in the course of a building project - Damages consist of $________ in fees owed - Defendant countersues for $1 million in cost overruns that the defendant claims were caused by architectural negligence by the plaintiff.

Plymouth County, MA

In this breach of contract case, the plaintiff sued for unpaid architectural fees he was owed by the defendant developer. The plaintiff claimed that the defendant owed the plaintiff $________ in fees related to a development project. The defendant contended that, not only did he not owe the plaintiff, but the plaintiff owed him. The defendant filed a counterclaim for $1 million.

The defendant was the developer of a mixed use project and hired the plaintiff to design the project. The project began to have issues and the plaintiff was called upon to make changes to the original plans. The plaintiff contended that the issues with the project were due to the defendant’s changes to the designs and to the purpose of the project well into the development stage.

At trial, the plaintiff called an expert architect who testified that the defendant-driven changes were the cause of the difficulties with the project and that the plaintiff met the standard of care for a design professional as was required for this type of project.

The defendant claimed that the plaintiff’s negligence in the initial design made the project unbuildable. The defendant argued that substantial changes had to be made to render the project buildable. At trial, the defendant called an expert architect who opined that the plaintiff was guilty of architectural negligence.

The jury found for the plaintiff on the breach of contract action and awarded the majority of damages the plaintiff sought. The jury further awarded the plaintiff 93A damages, including attorney’s fees. The jury rejected all counterclaims by the defendant. The case is currently on appeal.

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