Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts

Red pencil on construction contract

Massachusetts contract drafters, contractors, and owners should pay close attention to terms relating directly to the design or construction of a particular project.

January 2, 2019
Jacob Goodelman - Gordon & Rees Construction Law Blog

In Massachusetts, it is well established that a contractor cannot recover damages from a construction contract without first showing that the contractor completely and strictly performed on all of the contract’s terms. Recently, the Massachusetts Supreme Judicial Court narrowed the rule by concluding that complete and strict performance is only required for contract terms relating to the design and construction itself. The high Court explained that non-design / non-construction contract terms are governing by “ordinary contract principles, including the traditional Massachusetts materiality rule.”

Mr. Goodelman may be contacted at jgoodelman@grsm.com



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