Chicopee Concrete Service, Inc. v. Hart Engineering Co.
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Before HENNESSEY; WILKINS |
| Citation | 498 N.E.2d 121,398 Mass. 476 |
| Parties | CHICOPEE CONCRETE SERVICE, INC. v. HART ENGINEERING CO. |
| Decision Date | 09 October 1986 |
Page 121
v.
HART ENGINEERING CO.
Suffolk.
Decided Oct. 9, 1986.
[398 Mass. 477] Peter J. Gagne, Boston, for plaintiff.
Francis M. Lynch, Boston, for defendant.
Robert J. Sherer, Boston and James F. Grosso, Wellesley, for Associated Gen. Contractors of Massachusetts, Inc., amicus curiae, submitted a brief.
Before [398 Mass. 476] HENNESSEY, C.J., and WILKINS, NOLAN, LYNCH and O'CONNOR, JJ.
[398 Mass. 477] WILKINS, Justice.
The Appeals Court held that the defendant, Hart Engineering Co. (Hart), the general contractor on a public works project in Holyoke, and the plaintiff, Chicopee Concrete Service, Inc. (Chicopee), had entered into a contract concerning the supplying of concrete for the project and that Hart was liable for breach of contract when it terminated the contract after the engineering firm representing the city, as was its right, disapproved of Chicopee as a supplier of concrete. Chicopee Concrete Serv., Inc. v. Hart Eng'g Co., 20 Mass.App.Ct. 315, 479 N.E.2d 748 (1985). The Appeals Court thus reversed the summary judgment for Hart entered in the Superior Court, ordered entry of summary judgment for Chicopee on liability, and remanded the case for the determination of damages. Id. at 321, 479 N.E.2d 748.
We granted Hart's application for further appellate review, concerned principally with Hart's arguments that (1) the Appeals Court opinion declared that the terms of a general contract could not become part of a subcontract unless those terms were unambiguously
Page 122
restated in the subcontract and (2) the Appeals Court should not have ordered summary judgment for Chicopee on the question of liability. We agree with the Appeals Court's conclusions and shall comment only on the points that attracted our attention in the application for further appellate review.Hart argued, successfully in the Superior Court but unsuccessfully in the Appeals Court, that its contract with Chicopee incorporated by reference the provisions of the prime contract that subcontractors had to be approved by the city's representative and that, because the city's representative disapproved of Chicopee as a supplier of concrete, the subcontract was unenforceable. The problem with Hart's argument is that the terms of the prime contract were not fully incorporated in the [398 Mass. 478] subcontract by the language Hart included in the purchase order it gave to Chicopee, but rather only terms relating to the work to be done were incorporated...
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Bulwer v. Mount Auburn Hosp., 11–P–1583.
...would incorporate by reference the ACGME requirements into the residency contract. See Chicopee Concrete Serv., Inc. v. Hart Engr. Co., 398 Mass. 476, 478, 498 N.E.2d 121 (1986) (“incorporation by a clearly stated general reference will suffice”).16 Bulwer's claim in this regard requires th......
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Partylite Gifts, Inc. v. MacMillan, Case No. 8:10–CV–1490–T–27EAJ.
...v. Big Boy Distribution LLC, 589 F.Supp.2d 1308, 1319 (S.D.Fla.2008); see also Chicopee Concrete Service, Inc. v. Hart Engineering Co., 398 Mass. 476, 498 N.E.2d 121, 122 (1986) (incorporation of subcontract into contract must be clearly stated). The requirement that the contract language b......
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Greene v. Ablon, s. 13–2237
...or regulation, incorporation by a clearly stated general reference will suffice.” Chicopee Concrete Serv., Inc. v. Hart Eng'g Co., 398 Mass. 476, 498 N.E.2d 121, 122 (1986). Accordingly, a Massachusetts employer's policies may be incorporated by reference into its employment contracts. See ......
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Bulwer v. Mount Auburn Hosp., SJC–11875.
...origin. This policy was incorporated by reference in the medical resident agreement. See Chicopee Concrete Serv., Inc. v. Hart Eng'g Co., 398 Mass. 476, 478, 498 N.E.2d 121 (1986) (“incorporation by a clearly stated general reference will suffice”). Whether the defendants violated this poli......
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Bulwer v. Mount Auburn Hosp., 11–P–1583.
...would incorporate by reference the ACGME requirements into the residency contract. See Chicopee Concrete Serv., Inc. v. Hart Engr. Co., 398 Mass. 476, 478, 498 N.E.2d 121 (1986) (“incorporation by a clearly stated general reference will suffice”).16 Bulwer's claim in this regard requires th......
-
Partylite Gifts, Inc. v. MacMillan, Case No. 8:10–CV–1490–T–27EAJ.
...v. Big Boy Distribution LLC, 589 F.Supp.2d 1308, 1319 (S.D.Fla.2008); see also Chicopee Concrete Service, Inc. v. Hart Engineering Co., 398 Mass. 476, 498 N.E.2d 121, 122 (1986) (incorporation of subcontract into contract must be clearly stated). The requirement that the contract language b......
-
Greene v. Ablon, s. 13–2237
...or regulation, incorporation by a clearly stated general reference will suffice.” Chicopee Concrete Serv., Inc. v. Hart Eng'g Co., 398 Mass. 476, 498 N.E.2d 121, 122 (1986). Accordingly, a Massachusetts employer's policies may be incorporated by reference into its employment contracts. See ......
-
Bulwer v. Mount Auburn Hosp., SJC–11875.
...origin. This policy was incorporated by reference in the medical resident agreement. See Chicopee Concrete Serv., Inc. v. Hart Eng'g Co., 398 Mass. 476, 478, 498 N.E.2d 121 (1986) (“incorporation by a clearly stated general reference will suffice”). Whether the defendants violated this poli......