A High Price To Pay For Judgments In Litigation

H1 Lincoln, Inc. v. South Washington Street, LLC, et al., 104 Mass. App. Ct. 256 (2024)

The decision arises from a “bitter and protracted” litigation between H1 Lincoln (“H1”) and its landlord South Washington Street, LLC. H1 executed a commercial lease with defendants to rent two adjacent parcels in North Attleborough, MA for purposes of developing and operating a car dealership. The defendants then engaged in a prolonged “scheme of commercial extortion” that led to H1 filing suit asserting claims of breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of c. 93A. Following a trial, the trial court entered judgment in favor of H1, awarding it delay damages, attorney's fees and costs, and punitive damages under Chapter 93A. The judgment also included an award of statutory prejudgment interest including on sums representing H1's delay damages.