In the January issue, this column focused
on concerns related to development
agreements with local governments. Many
of the issues discussed in that column also
apply to agreements with private entities,
as illustrated by a recent case in
Massachusetts.
The case involved a dispute between
the Charles River Construction Co. (the
contractor) and a partnership known as
Kirksey Associates (the owner and
developer of a new subdivision) over the
failure of Kirksey to complete subdivision
roads, obtain permits and cooperate in
joint marketing efforts.
The development, Shefford Village, was
a subdivision of 47 single-family homes in
Marlborough, Mass. The contract signed
by the two parties—an informal "binding
letter of intent" —provided that Charles
River would purchase designated lots in
the subdivision