Harvard Settles En Boca Lawsuit For $1.1M

Restaurateur Skip Sack and his company, Classic Restaurant Concepts, have reached a $1.1 million settlement with Harvard University, ending a decade-long legal battle. The lawsuit stemmed from the failure of En Boca, a Mediterranean restaurant in Harvard Square that closed within nine months of opening in 2016. Sack argued that Harvard's renovation of the Smith Campus Center and the prolonged closure of Holyoke Street significantly disrupted foot traffic, leading to the restaurant's demise.

While a Superior Court judge initially ruled in favor of Harvard, the state Appeals Court vacated parts of that decision in 2024, sending claims back for review. Facing a potential trial this spring, Sack opted to settle. The financial impact on Sack's company has been severe; after accounting for the settlement, he estimates total losses at approximately $4.3 million, a blow that contributed to the eventual closure of his other establishments, The Kinsale and The Asgard.

The settlement avoids a definitive appellate ruling on critical legal questions regarding landlord responsibilities. The case leaves unresolved important legal precedents concerning the implied covenant of good faith and fair dealing, and the extent to which landlords must warn commercial tenants about disruptive nearby construction projects.

(Source：Hoodline)