Wes-Julian Construction Corp. v. Commonwealth

This is a petition brought under G. L. e. 258 against the Commonwealth in which the petitioner seeks damages allegedly sustained for breach of a written contract for the construction of a section of the Southeast Expressway. The claims of the petitioner are for extra work, increased costs, and expense, totaling $276,745.66. The case was referred to an auditor whose findings of fact were not to be final. He found for the petitioner with respect to some of its claims. At a trial before a judge without jury the evidence consisted of the auditor’s report, numerous exhibits, and the testimony of…