Trumbull Charges Mark IV with Fraud Over Sewer Work, Wants $5.1M

 The town is suing Bridgeport-based Mark IV Construction for $5.1 million to fix "substandard" work on the Jog Hill Road sewer project, and seeks to freeze $18 million of the company's assets.

The eight-count lawsuit, filed by Attorney Neal L. Moskow of Fairfield, charges the firm, which has worked with the town on many projects, with negligence, breach of contract, fraud and violation of the Connecticut Unfair Trade Practices Act. The information is based on analysis by the firm Tighe & Bond, which found more than 365 defects in the work and "various other issues concerning overpayments and malfeasance," the suit states.

First Selectman Tim Herbst announced the suit Friday morning in .

"The findings are alarming," Herbst said. "The streets are sinking." He also cited damaged pipes from improper installation, allowing storm water to leak into the pipes.

The water is processed with the sewage in Bridgeport's treatment plant, driving up the costs to the town. If five gallons per minute of storm water get in, it adds up to 2.7 million gallons per year of water being treated.

However, no sewage has leaked, Herbst said, adding that there may be more issues pending further examination of the work.

A spokesperson for Mark IV was unavailable for comment.

Sewers were installed in the Jog Hill Road area from June 2007 through May 2009, and the company is working in north Nichols installing sewers. Herbst ordered a forensic audit after taking office in December 2009. 

One engineer supervised the Jog Hill project when there should have been four, Herbst added. The north Nichols project consequently has a better workmanship from more supervision.

"The residents of north Nichols should be very confident their project is being conducted in a professional manner," Herbst said.

The residents of the Jog Hill area have not fared as well, getting assessments of $20,000 above the expected $15,000, with a small later decrease of $2 million, according to the first selectman. 

"They have been hit with exorbitant assessments for substandard work. We inherited this mess. We are determined to clean up this mess," he said. "Residents should not pay for [Mark IV's] bad work."

"You have pipes that are so deformed, you can't get a camera through them," he said.

The Jog Hill and north Nichols projects are the two most expensive sewer installations, and the whole sewer project will connect 85 percent of the town and cost $51 million, Herbst said.

The south Nichols portion of the work must be put out for bid, Herbst added.

He also thanked the Water Pollution Control Authority and reiterated that Tighe & Bond has proven itself necessary in spite of criticism over its hiring.

"You would not have had 'status quo,'" he said, referring to the Jog Hill problems.

Meanwhile, the federal government has subpoenaed WPCA records, with which the town will comply, Herbst has said. He has declined to elaborate on the matter.