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

This matter arises from a contract entered into by the two parties under which plaintiff Peabody N.E., Inc. (“Peabody”) was to construct a grit, septage, and grease handling facility for the defendant Town of Marshfield (“Marshfield”). Peabody brought suit seeking to recover monies it claims are due and owing to it for work done on the project, and Marshfield challenged this assertion and filed a counterclaim. The Court referred the case to a Master pursuant to Mass.R.Civ.P. 53(h)(1). Upon receiving the Master’s Final Report finding that Peabody materially breached the contract, the Court…