by Lisa Tome
Contributing editor
Four days after Rising Sun officials moved forward with hiring a new sewer plant contractor, Howard Robson, Inc., the former contractor, filed a lawsuit against the town.
The suit was filed in the United States District Court, Baltimore on June 20.
Contributing editor
Four days after Rising Sun officials moved forward with hiring a new sewer plant contractor, Howard Robson, Inc., the former contractor, filed a lawsuit against the town.
The suit was filed in the United States District Court, Baltimore on June 20.
"The Town has not been notified (about the lawsuit)," said Rising Sun water and sewer commissioner George Walker on Monday, June 23.
The 27-page lawsuit was filed by Robson, of Landisville, Pa. and Liberty Mutual Insurance of Boston, naming the Town of Rising Sun as the defendant.
Vice President of Operations for Howard Robson, Inc., Alexander McManimen, stated that the suit is seeking $1.7 million in damages, and money for unpaid change orders, and an additional sum which is allegedly owed to vendors.
Among the allegations by Robson to the town is a list of 32 change orders for the project which Robson alleges the town failed or refused to issue change orders for extra work.
Count One - Breach of contract - 19 instances
"HRI did not cause any delay in the performance or progress on the project. To the contrary, Rising Sun is responsible for the delays, disruptions and interfered with the performance or progress of the work on the project, including without limitation, the delays to the critical path caused b the 2013 wrk suspension."
HRI has incurred damages of at least $1.7 million for the breach allegation.
Unpaid balances for performance of extra work in the amount of $284,523.82 HRI is owed $260,388.32 which has been held in retention by the town.
Count Two - Quantum Meruit and Quantum Valebant
Robson is demanding judgment against the town of $75,000 plus interest, court costs, attorney fees, and other relief.
Count Three - Unjust Enrichment
Robson is demanding judgment against the town of $75,000 plus interest, court costs, attorney fees, and other relief.
Among the allegations in the lawsuit are that the contract to perform the work was signed in March 2012, the town delayed the issuance of a notice to proceed until June 28 of that year. They also stated that the town had not obtained necessary permits for work to start until two weeks after that.
Robson also alleges that the town's change from engineering firm RK&K to CDM Smith, caused additional work for the contractor. They cited "endless re-designs and delays".
"In May of 2013, Rising Sun announced to HRI that it had decided to completely redesign significant portions of the project - even though the project had been underway for 10 months. HRI cited numerous occasions where major overhauls to the project were requested.
HRI also cites that the design for the wastewater plant is flawed "...Rising Sun continues to this day, to ignore a significant design flaw regarding the disposition of sludge. The contract drawings put out for bid did not include plant press equipment..."
On March 21 of this year, HRI notified the town that they intended to terminate the contract. They stated that the town did not work to remedy the suspension of work. HRI also cited examples of flaws in the request for proposal which would nullify warranties provided by product manufacturer's.
HRI also alleges that they have spent nearly $60,000 for demobilization.
"Throughout the course of this project, Rising Sun hindered, delayed and obstructed HRI's ability to perform the work when and as planned..."
The plaintiffs have requested a jury trial.
Click below to read the entire complaint.
The 27-page lawsuit was filed by Robson, of Landisville, Pa. and Liberty Mutual Insurance of Boston, naming the Town of Rising Sun as the defendant.
Vice President of Operations for Howard Robson, Inc., Alexander McManimen, stated that the suit is seeking $1.7 million in damages, and money for unpaid change orders, and an additional sum which is allegedly owed to vendors.
Among the allegations by Robson to the town is a list of 32 change orders for the project which Robson alleges the town failed or refused to issue change orders for extra work.
Count One - Breach of contract - 19 instances
"HRI did not cause any delay in the performance or progress on the project. To the contrary, Rising Sun is responsible for the delays, disruptions and interfered with the performance or progress of the work on the project, including without limitation, the delays to the critical path caused b the 2013 wrk suspension."
HRI has incurred damages of at least $1.7 million for the breach allegation.
Unpaid balances for performance of extra work in the amount of $284,523.82 HRI is owed $260,388.32 which has been held in retention by the town.
Count Two - Quantum Meruit and Quantum Valebant
Robson is demanding judgment against the town of $75,000 plus interest, court costs, attorney fees, and other relief.
Count Three - Unjust Enrichment
Robson is demanding judgment against the town of $75,000 plus interest, court costs, attorney fees, and other relief.
Among the allegations in the lawsuit are that the contract to perform the work was signed in March 2012, the town delayed the issuance of a notice to proceed until June 28 of that year. They also stated that the town had not obtained necessary permits for work to start until two weeks after that.
Robson also alleges that the town's change from engineering firm RK&K to CDM Smith, caused additional work for the contractor. They cited "endless re-designs and delays".
"In May of 2013, Rising Sun announced to HRI that it had decided to completely redesign significant portions of the project - even though the project had been underway for 10 months. HRI cited numerous occasions where major overhauls to the project were requested.
HRI also cites that the design for the wastewater plant is flawed "...Rising Sun continues to this day, to ignore a significant design flaw regarding the disposition of sludge. The contract drawings put out for bid did not include plant press equipment..."
On March 21 of this year, HRI notified the town that they intended to terminate the contract. They stated that the town did not work to remedy the suspension of work. HRI also cited examples of flaws in the request for proposal which would nullify warranties provided by product manufacturer's.
HRI also alleges that they have spent nearly $60,000 for demobilization.
"Throughout the course of this project, Rising Sun hindered, delayed and obstructed HRI's ability to perform the work when and as planned..."
The plaintiffs have requested a jury trial.
Click below to read the entire complaint.
| robson_complaint_vs._town_of_rising_sun.pdf |
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