COMPLAINT FOR BREACH OF CONTRACT
Massachusetts State Court Template
Professionally drafted for attorney customization
[// GUIDANCE: This template is designed for use in the Massachusetts Superior Court. It can be adapted for the District Court or Boston Municipal Court by modifying the caption, jurisdictional allegations, and monetary thresholds.]
TABLE OF CONTENTS
- Caption & Parties Identification
- Preliminary Allegations
2.1. Jurisdiction and Venue
2.2. Service of Process Statement - Statement of Facts
- Cause(s) of Action
4.1. Count I – Breach of Contract
4.2. [Optional] Count II – Breach of Implied Covenant of Good Faith and Fair Dealing - Damages
- Demand for Jury Trial
- Prayer for Relief
- Certification Pursuant to Mass. R. Civ. P. 11
- Verification [Optional]
- Certificate of Service
1. CAPTION & PARTIES IDENTIFICATION
COMMONWEALTH OF MASSACHUSETTS
[SUPERIOR/DISTRICT/BOSTON MUNICIPAL] COURT
[COUNTY] COUNTY
[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Civil Action No.: [DOCKET NO.]
)
[DEFENDANT NAME], )
Defendant. )
______ )
COMPLAINT FOR BREACH OF CONTRACT
1.1 Parties
a. Plaintiff. [PLAINTIFF NAME], a [state of organization] [corporation/LLC/individual/etc.] with a principal place of business/residence at [ADDRESS] (“Plaintiff”).
b. Defendant. [DEFENDANT NAME], a [state of organization] [corporation/LLC/individual/etc.] with a principal place of business/residence at [ADDRESS] (“Defendant”).
[// GUIDANCE: Insert additional defendants or fictitious name pleadings if necessary. For partnerships and unincorporated associations, confirm service requirements under Mass. R. Civ. P. 4(d).]
2. PRELIMINARY ALLEGATIONS
2.1 Jurisdiction and Venue
2.1.1 This Court has subject-matter jurisdiction pursuant to G.L. c. 212, § 3 because the amount in controversy exceeds $50,000, exclusive of interest and costs. [Modify if filing in District or BMC.]
2.1.2 Personal jurisdiction is proper over Defendant under G.L. c. 223A, § 3(a) because Defendant transacted business in the Commonwealth and the claims arise from that business.
2.1.3 Venue is proper in this County under G.L. c. 223, §§ 1–8 because [state venue facts, e.g., Defendant resides here, contract was executed/performed here].
2.2 Service of Process Statement
2.2.1 Plaintiff will effect service of process in accordance with Mass. R. Civ. P. 4 by causing a summons and a copy of this Complaint to be delivered to Defendant via [method—e.g., sheriff, constable, authorized process server].
[// GUIDANCE: If serving an out-of-state corporation, reference Mass. R. Civ. P. 4(e)–(f) and G.L. c. 223A.]
3. STATEMENT OF FACTS
3.1 On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[NAME OF CONTRACT]” (the “Contract”).
3.2 Under the Contract, Plaintiff agreed to [summarize obligations], and Defendant agreed to [summarize obligations], including but not limited to payment of $[AMOUNT] on or before [DATE].
3.3 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Contract.
3.4 Defendant failed to perform its obligations by [describe breach—e.g., non-payment, non-delivery, substandard work] despite Plaintiff’s written notice and demand dated [DATE].
3.5 As a direct and proximate result of Defendant’s breach, Plaintiff has sustained damages in an amount presently believed to exceed $[AMOUNT], exclusive of interest and costs.
4. CAUSE(S) OF ACTION
4.1 COUNT I – BREACH OF CONTRACT
4.1.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 3.5 as though fully set forth herein.
4.1.2 The Contract is a valid and enforceable agreement supported by adequate consideration.
4.1.3 Defendant breached the Contract by [specify breach].
4.1.4 Plaintiff has suffered monetary damages, including but not limited to [lost profits, unpaid invoices, consequential losses], in an amount to be proven at trial.
4.1.5 WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.
4.2 [OPTIONAL] COUNT II – BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
[// GUIDANCE: Plead this count only if Massachusetts law and the factual record support it.]
4.2.1 Plaintiff realleges and incorporates Paragraphs 1 through 3.5.
4.2.2 Massachusetts law implies a covenant of good faith and fair dealing in every contract.
4.2.3 Defendant violated that covenant by [describe conduct—e.g., acting to deprive Plaintiff of the fruits of the contract].
4.2.4 Plaintiff suffered damages as a result.
4.2.5 WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.
5. DAMAGES
5.1 Compensatory Damages: $[AMOUNT], representing [unpaid amounts, direct losses].
5.2 Consequential Damages: $[AMOUNT] [if recoverable and provable].
5.3 Pre- and Post-Judgment Interest pursuant to G.L. c. 231, § 6C.
5.4 Costs and reasonable attorneys’ fees where allowed by the Contract or applicable law.
6. DEMAND FOR JURY TRIAL
Pursuant to Mass. R. Civ. P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit or modify if the parties have waived jury in the underlying Contract.]
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
a. Enter judgment in favor of Plaintiff and against Defendant on all Counts;
b. Award Plaintiff compensatory damages of not less than $[AMOUNT];
c. Award consequential and incidental damages as permitted by law;
d. Award pre- and post-judgment interest under G.L. c. 231, § 6C;
e. Award costs of suit and, if applicable, reasonable attorneys’ fees;
f. Grant such other and further relief as the Court deems just and proper.
8. CERTIFICATION PURSUANT TO MASS. R. CIV. P. 11
I, the undersigned counsel, certify that I have read the foregoing Complaint; that to the best of my knowledge, information, and belief formed after reasonable inquiry, it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose.
Date: ___, 20
[ATTORNEY NAME] (BBO #______)
[LAW FIRM NAME]
[ADDRESS]
[TEL] | [EMAIL]
Counsel for Plaintiff
9. VERIFICATION [Optional – Not Required by Rule]
COMMONWEALTH OF MASSACHUSETTS
[COUNTY], ss.
I, [PLAINTIFF NAME], state under the pains and penalties of perjury that I have read the foregoing Complaint and that the facts stated therein are true to the best of my knowledge, information, and belief.
Date: ___, 20
[PLAINTIFF NAME]
Subscribed and sworn before me on ___, 20.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Omit verification unless local practice or the client’s needs dictate. If used, ensure notarization formalities comply with G.L. c. 222.]
10. CERTIFICATE OF SERVICE
I hereby certify that on this _ day of ____, 20__, I caused a true copy of the foregoing Complaint to be served upon the Defendant by [method—e.g., first-class mail, certified mail, hand delivery] in accordance with Mass. R. Civ. P. 5.
[ATTORNEY NAME]
DISCOVERY TRACK & INITIAL DISCLOSURE NOTE
[// GUIDANCE: Upon filing in Superior Court, simultaneously file a Civil Action Cover Sheet designating the case as a “Contract” action and indicating that discovery shall proceed under Track ___ pursuant to Superior Court Standing Order 1-88. Initial disclosures and discovery limits will follow Mass. R. Civ. P. 26–37 and the applicable Standing Orders.]