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Charles River Construction Co. v. Kirksey

Citations: 480 N.E.2d 315; 20 Mass. App. Ct. 333

Court: Massachusetts Appeals Court; July 10, 1985; Massachusetts; State Appellate Court

Narrative Opinion Summary

In the case concerning a development agreement between Charles River Construction Company and the Kirkseys, legal disputes arose over the construction and sale of lots in the Shefford Village subdivision. The agreement designated Charles River as the exclusive contractor, contingent upon securing construction financing, with the Kirkseys responsible for infrastructure and approvals. After the Kirkseys sold two lots to another builder without Charles River's consent, Charles River sued, claiming breach of contract and violations of G.L. c. 93A, among other claims. The court awarded Charles River $200,000 in damages for breach of contract and affirmed the jury's finding of unfair practices under c. 93A. The Kirkseys' appeal, challenging the discretionary jury trial on c. 93A claims and the allocation of damages, was unsuccessful. The court upheld the joint and several liability of defendants for interference and declined to award expert witness fees beyond statutory allowances. The judgment affirmed the damages, emphasizing the Kirkseys' failure to perform contractual obligations and Charles River's readiness to build. Ultimately, the court found no grounds to overturn the jury verdicts, affirming the damages awarded and the procedural conduct of the trial.

Legal Issues Addressed

Breach of Contract and Damages

Application: The court found that the Kirkseys' sale of lots 5 and 6 without Charles River's consent constituted a material breach of contract, justifying the $200,000 damages award to Charles River.

Reasoning: The appellate review favors the prevailing party and confirms sufficient evidence for the jury to determine a material breach by the Kirkseys, despite potential waivers related to prior breaches.

Discretionary Denial of Expert Witness Fees

Application: The court upheld the trial judge's discretion to deny expert witness fees beyond statutory allowances in a complex case with multiple claims.

Reasoning: The judge maintained discretion regarding the reimbursement of expert fees, which are typically recoverable in c. 93A cases to support the act's objectives.

Joint and Several Liability

Application: The court ruled that the defendants were jointly and severally liable for contractual interference damages awarded to Charles River, dismissing the jury's percentage assessments as irrelevant.

Reasoning: Consequently, he ruled that the defendants were jointly and severally liable for damages, dismissing the percentages as 'a nullity.'

Right to Jury Trial under G.L. c. 93A

Application: Despite no statutory right to a jury trial under G.L. c. 93A, the court exercised discretion in submitting the claim to a jury, finding no reversible error.

Reasoning: The court expresses skepticism about enforcing a 'right' to a nonjury trial by reversing a valid jury verdict, particularly since the disputed facts were suitable for jury assessment.

Unfair and Deceptive Practices under G.L. c. 93A

Application: The court upheld the jury verdict finding James Kirksey engaged in unfair or deceptive practices, affirming the damages awarded under a G.L. c. 93A claim.

Reasoning: The jury's liability verdict regarding the c. 93A claim is affirmed, alongside the jury’s contract damage award of $200,000 to Charles River.