Jennifer Rossi Obtains $1.225 Million Settlement In Breach Of Contract Lawsuits

by | Oct 7, 2014 | highlight, News

Ms. Rossi obtained a $1.225 Million Dollar settlement in favor of her client, a land-clearing contractor. On behalf of her client, Ms. Rossi initiated two lawsuits against two Massachusetts towns, asserting claims for breach of contract, quantum meruit and breach of the covenant of good faith and fair dealing. The two lawsuits later were consolidated in the Hampden Superior Court in Massachusetts.

Following a devastating ice storm in December 2008 that raged through the Commonwealth of Massachusetts, Ms. Rossi’s client was retained by the towns to perform disaster relief services, including the removal and disposal of all debris from town roads as a result of the storm. While written contracts were in place, and while Ms. Rossi’s client fully performed the services for the towns, her client was not paid at all by one town for its work, and was not fully paid by another town for its work.

For over two years, Ms. Rossi aggressively pursued her client’s claims against the towns, including extensive written discovery, multiple depositions and multiple motions. The towns vigorously defended the lawsuits, including asserting twelve counterclaims against her client. Among other things, the towns argued that the contracts between Ms. Rossi’s client and the towns were invalid due to alleged noncompliance with various Massachusetts competitive bidding statutes and Massachusetts case law that favor municipalities and towns, and that have, historically, enabled towns to avoid contractual responsibilities. In response, Ms. Rossi argued inapplicability of the statutes and case law, exceptions to the statutes and case law even if they applied, and of course, argued full performance. Despite the towns’ efforts, Ms. Rossi never wavered in her pursuit of justice for her client.

Ultimately, the lawsuits were resolved at mediation for payment to Ms. Rossi’s client in the total amount of $1.225 Million Dollars.

photo: Jimmy Emerson, DVM