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ARTICLE ID 188994

$________ Contract – Quantum Meruit – Plaintiff alleges that the defendants failed to pay for work performed at the church – Counterclaim for breach of warranty and consumer fraud.

Hampshire County, MA

In this contract case, the plaintiff contractor alleged that the defendant church failed to make payment for time and materials provided in a construction project at the church. The defendant denied the allegations and counterclaimed for breach of warranty and maintained a Chapter 93A fraud claim against the contractor.

The plaintiff and the defendant entered into an agreement regarding work that the plaintiff was to perform at the defendant church. The plaintiff alleged that the contract was based on a time and materials basis. The plaintiff alleged that the defendant’s architect made several errors which required additional time and materials for the project. The plaintiff contended that the parties never agreed to any cap on the price of the project and none was discussed in any of the conversations or emails between the plaintiff and the defendant throughout the course of the work performed. The plaintiff maintained that one of the defendant’s representatives had assured the plaintiff that it would be compensated for any "extra" work that had to be performed.

The plaintiff brought suit against the defendants alleging that the plaintiff was entitled to monies due on the project for the work performed. The defendant denied the plaintiff’s allegations. The defendant maintained that the agreement between the parties contained a guaranteed maximum price and the monies that the defendant was looking to be paid exceeded that amount. The defendant brought a counterclaim against the plaintiff contractor for breach of warranty and consumer fraud claims under Chapter 93A.The matter was tried and at the conclusion of the trial, the jury deliberated and returned its verdict in favor of the plaintiff in the amount of $________. The court entered a directed verdict on the defendant’s counterclaim in favor of the plaintiff.

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