Town of New Milford v. Standard Demolition Servs., Inc.
Decision Date | 26 April 2022 |
Docket Number | AC 43874 |
Citation | 212 Conn.App. 30,274 A.3d 911 |
Parties | TOWN OF NEW MILFORD v. STANDARD DEMOLITION SERVICES, INC. |
Court | Connecticut Court of Appeals |
Raymond A. Garcia, New Haven, with whom were Nyle K. Davey, Hartford, and, on the brief, Lauren Lyngholm Crowe and Jonathan A. Krumeich, for the appellant-cross appellee (defendant).
John D. Tower, New Milford, with whom was Graham W. Moller, for the appellee-cross appellant (plaintiff)
The defendant, Standard Demolition Services, Inc., appeals from the judgment of the trial court rendered in favor of the plaintiff, the town of New Milford, on the plaintiff's complaint for breach of a contract entered into by the parties and as to all counts of a counterclaim filed by the defendant. On appeal, the defendant claims that (1) the court misapplied state and federal environmental regulations, (2) the court erred in not finding that the contract was impossible to perform, (3) the court improperly determined that the plaintiff lawfully had terminated the contract,1 and (4) evidence of certain change orders executed by the plaintiff in connection with a subsequent contract with a different contractor, pursuant to which the plaintiff had agreed to modify terms of that contract, constituted admissions that the plaintiff's contract with the defendant was defective and could not be performed by the defendant as written. The plaintiff has cross appealed, claiming that the court erred in its award of damages to the plaintiff. We affirm the judgment of the court in favor of the plaintiff on its complaint for breach of contract and as to all counts of the defendant's counterclaim, but we reverse it in part with respect to the award of damages and remand the case for a new hearing in damages.
At the trial of this matter, which spanned over twenty-two days, the parties testified, presented lay and expert witnesses, and submitted 273 documents into evidence. In a comprehensive memorandum of decision, the court, Shaban , J ., found the following facts: "The plaintiff is the owner of an industrial property located at 12 Scovill Street in New Milford, which it acquired through a tax foreclosure in 1999. The property consists of fifty-three acres [and] includes an approximately 315,000 square foot vacant brass mill factory contaminated with polychlorinated biphenyls (PCBs) and asbestos containing materials .... The plaintiff renamed the site the ‘Century Enterprise Center’ and hired consultants to help evaluate the environmental hazards on the site. Under the guidance of the consultants, the plaintiff made decisions about how it would apply to the United States Environmental Protection Agency (EPA) for permission to demolish and clean up the property and engage contractors to perform the work.
To continue reading
Request your trial-
State v. Kyle A.
... ... each subclaim, we set forth our standard of review and relevant legal principles. "When a ... ...
-
Town of New Milford v. Standard Demolition Servs., Inc.
...and John D. Tower, New Milford, in opposition.The defendant's petition for certification to appeal from the Appellate Court, 212 Conn. App. 30, 274 A.3d 911 (2022), is denied. McDONALD, J., did not participate in the consideration of or decision on this ...
-
Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
...New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New Milford (Town) contracted with Standard Demolition Services, Inc. (Cont......