Town of Wellesley v. D&C Construction Co.

INTRODUCTION

On February 4, 1998, this case was before the court for hearing on the motion of the defendant, D&C Construction Co. (“D&C”), for production of documents pursuant to G.L.c. 66, §10 and the motion of defendants, D&C and United States Fidelity & Guaranty Co. (“USFG”), to compel mediation/arbitration.

In its opposition, the plaintiff, Town of Wellesley (‘Town”), argues that (1) the documents D&C is seeking are privileged under the attorney-client privilege, the work-product doctrine, and are exempted under G.L.c. 4, §7(26)(d) & (a); and that, (2) the arbitration clause in the contract…