Minton Construction Corp. v. Commonwealth

The Commonwealth appeals from a judgment confirming an arbitration award in favor of the plaintiff, Minton Construction Corp. (Minton), and denying the Commonwealth’s motion to vacate that award. We transferred the appeal to this court. The issue is whether an award made pursuant to an arbitration clause in a contract is enforceable against the Commonwealth.

In his memorandum and order, the motion judge recited the essential facts. “[A] dispute arose out of the performance of a contract between Minton and the Commonwealth for the construction of a freezer storage facility in Gloucester,…