Contractor Names Town In Lawsuit

By Jan Howard

The town of Newtown is one of five defendants listed in a lawsuit brought by Haynes Construction Company of Seymour.

The lawsuit stems from an incident on March 3, 2003, when a heating coil and air handling unit at Reed Intermediate School froze and burst, creating a water leak that damaged drywall, ceilings, and restrooms on the first and second floors.

The lawsuit states the incident occurred as the heating, ventilating, and air conditioning system, including the air handling unit, was being commissioned and balanced by Palmer Brothers, a subcontractor engaged by Haynes.

In its lawsuit against the town, Haynes alleges the town and/or its representatives requested and approved an air handling unit that did not function properly in cold weather, which it alleges was the cause, in whole or in part, of the incident.

The lawsuit states Haynes incurred $209,847.14 in costs for repairing, replacing, and cleaning up the damage from the incident. It alleges the town failed to compensate Haynes for costs of the cleanup.

It also states that an “all risk” insurance policy, to cover any loss, was cancelled by the town on the stated basis that the “building was completed.” The lawsuit alleges at the time the insurance was cancelled, the town had not made final payment to Haynes, and Haynes still had an insurable interest in the property.

First Selectman Herb Rosenthal said the lawsuit has been referred to the law firm of Cohen & Wolf.

“The town did nothing wrong or improper,” he said. He noted that an “all risk” insurance policy is only in force during construction. The school was occupied at the time of the incident.

Also named in the lawsuit are Palmer Brothers, Inc of Westport, Travelers Insurance Company of Hartford, St Paul Fire & Marine Insurance Company of Windsor, and the Connecticut Interlocal Risk Management Agency (CIRMA) of New Haven.