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Construction‑contract appeal tests scope of SJC’s G4S rule on strict performance versus material breach
Summary
The panel heard competing arguments about whether a general contractor’s obligation to supervise work is a G4S ‘complete and strict performance’ clause for construction projects (a question of law), or a fact question for the jury (materiality), after a multimillion‑dollar jury verdict on contract and negligence claims.
JK Scanlon Co. LLC v. Trustees (docket 24P679) returned to the Appeals Court on Feb. 6 as counsel disputed the practical application of the Supreme Judicial Court’s G4S decision on construction contracts. The arguments addressed whether a contractor’s supervision obligation should be treated as a term that, if breached, automatically bars recovery on a contract claim under the “complete and strict performance” standard, or whether supervision is a supportive provision assessed under the ordinary materiality standard.
Appellant Scanlon…
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