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
