Construction Claim Awarded Triple Damages
Owner Who Settled With General Contractor’s Subcontractors Directly Violated 93A, The Consumer Protection Statute
Carlo Cellai, Esq. tried this construction case to a Judge in the Boston Municipal Court. In the case, the owner sought to undermine the general contractors case and damages by settling the outstanding subcontractor bills for a discount. Attorney Cellai took the position, on behalf of the client, that the owner, by settling with the subcontractors directly at a discount, was an unfair and deceptive practice in violation of the consumer protection laws.
The conduct of the owner undermined and damaged the relationship between the general contractor and its subcontractors. As a result, the Judge agreed with the position of Attorney Cellai that the interference by the owner in the general contractor-subcontractor relationship was unfair and deceptive so as to violation Massachusetts General Laws chapter 93A, the consumer protection statute. As a result of the interference, the Judge tripled the damages caused by the owner in the damage award and added attorney fees to the Judgment.