Regency Construction & Management, Inc. v. BBC Co.

Curran, Dennis J., J.

After hearing, the plaintiff Regency Construction & Management, Inc.’s motion in limine No. 1 is ALLOWED, and the defendant BBC Company is hereby precluded at trial from asserting certain damages arising from back charges numbered 0025, 0028 and 0029, the latter two charges totalling $28,800 and $103,000, respectively. The following reasons apply.

DISCUSSION

G.L.c. 30, Section 390 prohibits a general contractor from asserting damages on account of delay against the Commonwealth. Similarly, the provision precludes subcontractors from asserting such claims against general…