EL&C received a favorable Superior Court verdict on behalf of our client, Hull Redevelopment Authority in a dispute with a developer.
Nantasket Beachfront Condominiums LLC v. Hull Redevelopment Authority
In August 2013, the Superior Court granted a motion for summary judgment that EL&C filed on behalf of our client, Hull Redevelopment Authority (HRA). The case was a contractual dispute with a developer which HRA had designated to redevelop certain parcels of beachfront land into a condominium complex and a public park. The project was delayed for years by abutter opposition and permitting issues. Despite the HRA’s attempt to accommodate the developer, the developer refused to make the required incremental deposit payments to the HRA.
This breach prompted the HRA to terminate the contract with the developer and retain the deposit payments already submitted pursuant to the terms of the contract. The Court held that the HRA’s termination of the contract was valid and not a breach of covenant of good faith and fair dealing. In addition, the Court carefully analyzed the liquidated damages provision in the parties’ contract and found that the HRA was entitled to retain the deposit payments already submitted as a matter of law.
Read the Decision (PDF)