Peabody N.E., Inc. v. Town of Marshfield

This matter arose from a contract dispute involving the plaintiff’s construction of a grit, septage,1 and grease handling facility for the defendant town of Marshfield (town). Pursuant to an order of a Superior Court judge, the matter was initially referred to a master for findings of fact and recommended conclusions of law. See Mass. R. Civ. P. 53 (h) (1), as appearing in 386 Mass. 1237 (1982). After receiving the master’s final report, the judge ruled that (1) the plaintiff’s breach of contract precluded it from recovering on the contract; (2) the plaintiff’s breach also precluded an award…