Mark IV, which the town is suing over Contract III sewer work on Jog Hill Road, says it contracted with Trumbull to work on Contract IV (north Nichols) for $24.9 million.
"Subsequently, the original price was amended as a result of certain additions and deletions from the work required," the suit states. The amended cost as of Oct. 22 is $26.4 million, exclusive of change orders totaling $2.8 million, according to the company.
Trumbull owes Mark IV $1.21 million, according to the suit.
Trumbull also removed permanent paving, milling and curbing from the project, which comprised $4 million of the original bid, the company claimed.
Other alleged breaches of the contract cited were:
- Lack of specificity in the project bid
- Failure to disclose subsurface conditions
- Interference in work, causing delays and increase construction costs
- Failure to process change orders in a timely manner
- Forcing Mark IV to perform work out of sequence
- Withholding payment
- Ordering Mark IV to perform additional work.
The company seeks unspecified damages and attorney's fees.
First Selectman Tim Herbst and the Water Pollution Control Authority say Mark IV performed shoddy work on Jog Hill resulting in needed repairs exceeding $8 million.
The WPCA tried to remove Mark IV from the job last year for stopping work on Dogwood Pond area in Nichols. But the work resumed. Mark IV owner Manuel Moutinho also sued Herbst personally for defamation but later dropped that suit.