M. O'Connor Contracting, Inc. v. City of Brockton

At issue in this appeal is whether the city of Brock-ton must pay an award of double damages under G. L. c. 93A in a construction contract case that was decided, over the city’s objection, by an arbitrator. Although we reject the city’s contention that the arbitration agreement cannot be read to authorize arbitration of a c. 93A claim, we nevertheless conclude that the award must be vacated as beyond the arbitrator’s authority because it is contrary to principles of sovereign immunity and, hence, against public policy.

*279Background. Undertaking to build a new municipal building to house its…