Posted: Mar 31, 2022
93A Can Now Overcome Contracts Including Contractual Limitation of Liability Clauses. Revolutionary is a fair characterization of the SJC’s new decision in H1 Lincoln v. South Washington Street, LLC. Now a contract breach by conduct that is unfair or deceptive and done willfully and knowingly is a 93A violation. And such violation will necessarily result in an award of 2 or 3 times actual damages as well as attorney’s fees. The SJC further held that a contractual limitation of liability clause cannot bar such claims. The revolution is now that no contract is any longer safe from a devastating triple damages 93A claim.
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