Senna v. Professional Food Service Management, Inc.

Regrettably, neither plaintiff nor defendant’s counsel cited Drywall Systems v. ZVI Construction Co., 435 Mass. 664 (2002), and LaRoche v. Flynn, 55 Mass.App.Ct. 419 (2002), at the hearing on the plaintiffs motion for attorneys fees, interest, and costs. In light of the Dry wall decision, this court is compelled to vacate most of the court’s endorsement of October 4, 2002, but not the endorsed result.

The award of fees pursuant to G.L.c. 15 IB, §9, is a proper subject for arbitration despite the strictures of G.L.c. 251, §10. See Drywall at 672-73. The arbitrator declined to award fees on his…