White Construction Co., Inc. v. Commonwealth

Article XIII of the standard form of agreement employed — and drafted — by the Commonwealth in 1966 to hire architectural services conferred upon the architect an unconditional release of all liability, including design errors, before construction on the project involved even began. Because the language of Article XIII effectively nullifies the statutory mandate of G. L. c. 7, § 30C, as appearing in St. 1953, c. 612, § 5, and § 30E, as amended by St. 1962, c. 757, § 27, 3 we do not give the text literal effect and reverse the judgments below.

Procedurally, the White Construction Co., Inc.…