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Sewer plant project goes to court

December 29, 2010
SOUTHBRIDGE — The town is being sued again.

In early November, CDM Constructors Inc., the contractor hired to upgrade the sewer treatment plant back in 2006, unleashed a 119-count complaint in Worcester Superior Court seeking at least $6 million in damages. It alleges repeatedly that Southbridge failed to respond to requests for information and change orders, provided inaccurate or insufficient information, and otherwise put roadblocks in the way of CCI's finishing the project on time.

The roughly $7.6 million project was supposed to have been done by June 12, 2008, but even CCI's complaint notes it took until Dec. 18, 2009 with only one extension of 29 days approved. Under the contract terms, that would make CCI subject to a $789,000 penalty ($1,500 per "consecutive calendar day thereafter").

"The town continued to have discussions [with CCI] after the conclusion of the project," said Town Manager Christopher Clark. "We've kept a fairly open dialog to resolve some of these issues, and CDM felt it necessary to file suit."

He said he hopes to be able to provide more detailed information after talking to the town's attorney. In this case, that's Thomas McEnaney of Kopelman & Paige because the issue predates the town's contract with Robert Caprera.

CCI is being represented by Robert Nelson of Nelson Kinder Mosseau & Saturley, a New Hampshire-based firm. He did not return a message seeking comment Monday.

For more on this story, please see tomorrow's Southbridge Evening News.

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