The U.S. District Court of Massachusetts recently considered whether an awarding authority could void a “completed” public construction project on the basis of a contractor’s wrongful certification that it had complied with certain statutory requirements.
The city filed a legal action requesting that the arbitration be stayed and sought to have the contract deemed illegal and unenforceable for the contractor’s failure to comply.
The court could not conclude that the “technical violation” frustrated the fundamental purpose of the statutes. (more)