G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018
Government owner hired design builder for $45M project (internet backbone for 400,000 Western Mass users).
The contract included requisition certifications that subcontractors had been paid and liquidated damages for late finish.
Project got delayed. Owner held back payment on requisitions. Contractor issued change order requests. Contractor submitted requisitions falsely stating that subcontractors had been paid in full.
Contractor sued owner for $10M in uncompensated cost due to owner delays – theories of recovery:
Breach of contract
Quantum meruit (non-contract-based recovery -value of services rendered – to prevent unjust enrichment)