The Town of New Milford has won a significant, bitterly contested lawsuit involving the remediation of the Century Brass property. After nearly four years of complex litigation involving hundreds of court filings, numerous expert witnesses, 22 days of trial and complicated legal briefs, the Town was awarded a judgment in the amount of $489,372 against a demolition contractor.
In the case of Town of New Milford vs. Standard Demolition Services, Inc., the Town sued Standard claiming it breached its $2.7 million contract to demolish and remediate the 315,000-square-foot former brass mill building. As result of Standard Demolition’s breach, the Town terminated Standard and had to hire a substitute contractor at a higher bid price.
Standard countersued in an eight-count counterclaim, alleging the Town withheld critical bid information regarding contamination.
The court rejected all eight counts of the counterclaim, finding for the Town on each. In his lengthy, detailed Memorandum of Decision, Judge Dan Shaban found that the Town fairly and fully disclosed in good faith all material facts and circumstances to all bidders and properly terminated Standard. The court found that Standard breached the contract as New Milford had alleged. Standard’s initial demand that the Town pay $2.3 million was rejected by the Town Council early on, as was its most recent $800,000 reduced demand made during the trial.
See The News-Times story on the Century Brass decision
And the Waterbury Republican coverage
Following news of the court win, New Milford Mayor Pete Bass said: “This is a great vindication for the Town. Although this litigation was anxiety provoking, time consuming, expensive and complex, it was necessary. Standard’s demands left us only two choices: either litigate or give in to Standards demands for money. We did not give in. The Town Council was continually briefed in detail as the case progressed, and had strong faith in our bidding and contracting process and in our attorneys. Our victory illustrates the good-faith and fairness of that process. Now Standard owes us $489,732 plus court costs.”
Cramer & Anderson Partner John Tower was lead trial counsel and headed the litigation team composed of Partner and New Milford Town Attorney Randall DiBella, Cramer & Anderson Associate Graham Moller and former Associate Abigail Mirada.
“Judge Shaban fully endorsed the actions and testimony of the Town and its consultants in this complicated and lengthy matter, and we are proud justice has finally been done in this case,” Attorney Tower said.
Attorneys DiBella and Tower are analyzing the 87-page decision and are expected to brief the Town Council at its first 2020 meeting in January.
About Cramer & Anderson LLP
Cramer & Anderson LLP serves clients from six offices in western Connecticut with a hometown sensibility and a worldly outlook in Practice Areas extending from Personal Injury and Divorce & Family Law to Immigration, Municipal Law, Land Use Law, Real Estate, Workers’ Comp and more.
The flagship office is located in a historic structure on the Green in New Milford. Additional offices are located in Danbury, Litchfield, Kent, and Washington Depot, and Ridgefield, serving Fairfield County. For more information, see the website at crameranderson.com or call the New Milford office at (860) 355-2631.