Archive: December 22, 2008

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Foreign Contractor’s Failure to Register with Secretary of State Does Not Void Contract or Arbitration Clause

Foreign Contractor’s Failure to Register with Secretary of State Does Not Void Contract or Arbitration Clause

City of Westfield v. Harris & Assocs. Painting, Inc., 567 F. Supp. 2d 252 (D. Mass. 2008)

In this case, the Federal District Court for the District of Massachusetts allowed a contractor’s motion to compel arbitration and remanded the case to arbitration despite the fact that the contractor failed to register as a foreign corporation with the Massachusetts Secretary of State as required by M.G.L. c. 30, § 39L.

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