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Massachusetts Appeals Court - 522 N.E.2d 997, 26 Mass. App. Ct. 28
Tags: Contracts, Good faith
tl;dr:
General contractor promised that bids submitted would be kept locked away, but then showed a subcontractor's bid (containing confidential info) to another company and then gave the contract to that same company.Video Summary
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The plaintiff is appealing the dismissal of their case against General Dynamics Corporation, which includes a count under G.L. c. 93A. The plaintiff alleges that General Dynamics induced them to participate in a sham bidding procedure by promising confidentiality and then providing confidential engineering and design work to Frigitemp Corporation before the bid closing dates. The court has reversed the dismissal, stating that complaints should be given a fair chance to be heard before being dismissed. The court also notes that a complaint should not be dismissed unless it is beyond doubt that the plaintiff cannot prove any set of facts to support their claim, and that a complaint should not be dismissed simply because it asserts a new theory of liability. General Dynamics challenges both the legal theories and factual sufficiency of the complaint, but the relief sought by the plaintiff or their theories need not be focused on because a complaint is sufficient if the plaintiff may be entitled to any form of relief, even if it is not the particular relief demanded or the theory relied upon.
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