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SUMMONS .

CIVIL
JD-CV-1 Rev.2-13
c.G.

STATE OF CONNECTICUT

s. ss s -346, 51 -347, 5 1-349, 51 -350, 52-45a, 5248,52-259, P.B. Secs. 3-1 through 3-2'1, 8-1
1

SUPERIOR COURT
vvvrw jud.ct.gov

See page 2 for instructions


TO: Any proper officer; BY AUTHORIry OF THE STATE OF CONNECTICUT, you are hereby commanded to make due and legal service of this Summons and attached Complaint.

"X" jf legalinterest or property in demand, not including interest and Tl u costs amount, is less than $2,500. 1g "X" lf am^o_unl legal interest or property in demand, not including interest and E costs is $2,500 or more. "X" if claiming other relief in addition to or in lieu of money or damages. n
Address of court clerk where writ and other papers (c.G.s. ss 51-s46, 51-350) (Number, street, town and zip code)

elephone number of clerk (Mth

Return Date (Must be a Tuesday)

14 West River Street, Milford, CT 06460


own in which

aptil
wit is retumahle)
(C. G.S. Sg 51-346, 51-349)

2e

.2
OO

014

ase type code (See lisbon page 2)

c
For the Plaintiff(s) please enter the appearance of:
Name and address of attorney, law or plaantiff if seff-represented (Number, street, town and

Minor:

Juris number fto be entered

by attorney only)

Saxe Doernberger & Vita, P.C., 1952 Whitney Avenue, Hamden, CT 06517
Telephone number (with area code) Signature of

412266

zos

(lf self-represented)

2Br-2100

Number of

Plaintiffs:

form JD-CV-2 attached for additional parties Name (Last, First, Middle lnitial) and Address of Each pariy (Number; street; p.o. Box; Town; sate; zig
1

Name: HammonassetConstruction,LLC
Address:

64 Groveway, P.O. Box 41, Clinton, CT 06413


:;'jv

Name: City of Ansonia


Address:

253 Main Street, Ansonia, CT 06401

rn 7t

Notice to Each Defendant


1' YOU ARE BEING SUED. This paper is a Summons in a lawsuit. The complaint attached to these papers states the claims that each plaintiff is making against you in this lawsuit. 2. To be notified of further proceedings, you or your attorney must file a form called an 'Appearance" with the clerk of the above-named Court at the above Court address on or before the second day after the above Return Date. The Return Date is not a hearing date. You do not have to come to court on the Return Date unless you receive a separaie notice telling you to come to court. 3' lf you or your attorney do not file a written "Appearance" form on time, a judgment may be entered against you by default. The ,'Appearance,' form may be obtained at the Court address above or al wwwjud.ct.goy under "Court Forms.,, 4. lf you believe that you have insurance that may cover the claim that is being made against you in this lawsuit, you should immediately contact your insurance representative' Other action you may have to take is described in the Connecticut Practice Book wirich may be found in a iuperior court law library or onJine at www.jud.ct.gov under "Court Rules." 5. lf you have questions about the Summons and Complaint, you should talk to an attorney quickly. The Clerk of Court is not altowed to give advice on

04111t2014
this

bya

a. The done Plaintiff(s) will not be denied access to the courts. b. lt is ihe ty of the Plaintiff(s) to see that service is made in the manner provided by law. c. The Clerk is not permitted to give any legal advice in connection with any lawsuit. d. The Clerk signing this Summons at the request of the Plaintlfi(s) is not responsible in any way for any errors or omissions in the Summons, any allegations contained in the Complaint, or the service of the Summons or Complaint.

TRUE COPY

I certify I have read and understand the above:


Name and address of person
to prosecute in the amount of

Kimberly Ryan, 1952

itney Avenue, Hamden, CT 06517


Commissioner Superior Court

*n /nd,frrh6,nipu#r0411112014

(Page 1 of2)

lnstructions

fNe;f p-Atl

1. Type or print legibly; sign summons. 2. Prepare or photocopy a summons for each defendant. 3- Attach the original summons to the original complaint, and attach a copy of the summons to each copy of the complaint. Also, if there are more than 2 plaintiffs or more than 4 defendants prepare form JD-CV-2 and attach it to the o1gin4 and alt copies of the complaint. 4. After service has been made by a proper officer, file originat papers and officefs return with the cterk of court. 5. The pafiy recognized to pay costs must appear personally before the authority taking the recognizance. 6. Do not use thrs form for the following actions: (a) Family matters (for example divorce, child support, custody, paternity, and visitation matters). (b) Summary process actions. (c) Applications for change of name. (d) Probate appeals. (e) Administrative appeals. (f) Proceedings pertaining to arbitration. @) Any actions or proceedings in which an attachment, garnishment or replevy rs soughf.

ADA NOTICE The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). lf you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at v,rww.jud.ct.gov/ADA.
Gase T

Godes
Minor Description
Construclion - All other Construction - State and Local lnsurance Policy Specifle Performance Collections All other

Major Description Contracts Torts (Other than Vehicular)

r02
T03 T11

Defective Premises - Private - Snow or lce Defective Premises - Private - Other Defective Premises - Public - Snow or lce Defective Premises - iublic - Other Products Liability - Other than Vehicular Malpractice - Medical Malpractice - Legal Malpractice - All other Assault and Battery Defamation Animals - Dog Animals - Other False Arrest Fire Damage

'l

12

T20

r28
T29 T30 T40 T50
T61

Eminent Domain

State Highway Condemnation Redevelopment Condemnation Other State or Municipal Agencies Public Utilities & Gas Transmission Companies All other

T69

Miscellaneous

M00
M10

njunction

170
T71 T90

Receivership Mandamus Habeas Corpus (extradition, release from Penal lnstitution) Arbitration Declaratory Judgment Bar Discipline Department of Labor Unemployment Compensation Enforcement Bar Discipline - lnactive Status Foreign Civil Judgments - C.G.S. 52-604 & C.G.S. 50a-30 Housing Civil lVlatters Small Claims Transfer to Regular Docket Foreign Protective Order All other Foreclosure Partition Quiet Title/Discharge of Mortgage or Lien Asset Forfeiture All other

M20 M30
M40 M50 M63

All other
Motor Vehicles* - Driver and/or Passenger(s) vs. Driver(s)

Vehicular Torts

v01

M66
M68

v04 v05 v06 v09 v10

MotorVehicles' - Pedestrian vs. Driver Motor Vehicles* - Property Damage only


MotorVehicle* - Products Liability lncluding Waranty Motor Vehicle* - All other Boats Airplanes Railroads Snowmobiles All other

M80 M82 M83


ME4

v20
v30 v40 v90

'Motor Vehicles include cars, trucks, motorcycles,


and motor scooters.

M90

Property

Construction of Wlls and Trusts All other

JD-CV-1

Rev- 2-'13

(Page 2 ot 2)

Return Date: April 29, 2014 Hammonasset Construction, Li:C


V.

State of Connecticut

: :
:

Superior Court J.D. of Ansonia/Milford

City of Ansonia

:
COMPLAINT

April 11,2014

First Count

Breach of Contract
a

1. The Plaintiff Hammonasset Construction, LLC ("Hammonasset"), is

Connecticut Limited Liability Corporation with principal place of business in Clinton,


Connecticut.

2. The Defendant City of Ansonia

("Ansonia")

is a municipal

corporation

located in the County of New Haven, State of Connecticut.

3.

On or about Septembe r 17 ,2010, Hammonasset and Ansonia entered into

a written agreement (the "Contract")

forthe performance of certain labor, materials,

tools, equipment, and services for the construction of the project known as Ansonia
Riverurralk, Phase

l, Segment 7, located in Ansonia, Connecticut (the "Project'),

which labor, materials, tools, equipment, and services are more particularly
described in the contract and written amendments thereto (the "Work"). The
Contract was later amended by written change orders. A true and accurate copy
of the Contract, together with allwritten changes, will be filed separately as Exhibit

A.

4.

At all relevant times, Ansonia owned, and stiil owns the project.

5. Pursuant to the Contract, Ansonia agreed to make monthly progress


payrnents

to

Hamrnonasset for the Work performed and final payment upon

completion and approval of the Work.

6.

Hammonasset substantially performed

its obligations pursuant to

the

Contract.

7. Ansonia requested and/or directed

Hammonasset to perform extra and

additional Work beyond the scope of Work set forth in the Contract and written changes and amendments thereto, and Hammonasset performed such Work as
requested and/or directed by Ansonia.

8. Ansonia failed and/or refused to compensate Hammonasset for


additionalWork.

its

9.

Ansonia materially breached the contract by, among other things:

a. Wrongfully

failing and/or refusing to pay Hammonasset for the Work

satisfactorily performed by Hammonasset;

b.

Wrongfully failing and/or refusing to process Hammonasset's claims for additionalWork.

10.The Contract contains an implied covenant of good faith and fair dealing.

ll.Ansonia breached the implied covenant of good faith and fair dealing by
engaging in the actions and omissions described above.

12.As a result of Ansonia's material breaches and wrongful withholding of


payment described above, Hammonasset suffered damages.

Second Cou nt -Misrepresentation


Paragraphs
'1

through 12 of the First Count are incorporated as Paragraphs

through 12 of the Second Count as if set forth fully herein.

l3.Ansonia represented to Hammonasset that it would pay Hammonasset for


the Work it performed pursuant to the Contract on the Project.

l4.Ansonia represented to Hammonasset that it would pay Hammonasset for

the extra and additional Work it requested and/or directed Hammonasset to


perform on the Project.

l5.Ansonia omitted to tell Hammonasset that it would not pay, and did not
intend to pay, Hammonasset for the additional Work it requested and/or directed Hammonasset to perform on the Project.

l6.Ansonia knew or should have known that said representations were false
at the time they were made.

lT.Ansonia made such material misrepresentations and omissions to induce


Hammonasset to perform additional Work without payment.

18. Hammonasset

reasonably relied on Ansonia's false and misleading

representations and material omissions, when it performed Work on the Project, including additional Work.

19.As a direciand proximate result of Hammonasset's reasonable reliance on

Ansonia's false and misleading misrepresentations and material omissions,


Hammonasset suffered damages.

Third Count

- Quantum

Meruit (in the alternative)


a

20.The Plaintiff Hammonasset construction, LLC ("Hammonasset"), is

Connecticut Limited Liability Company with principal place of business in Clinton,


Connecticut.

21.The Defendant City of Ansonia ("Ansonia") is a municipal corporation


located within the County of New Haven, State of Connecticut.

22.41all relevant times, Ansonia owned and still owns the construction project
known as Ansonia Riven,ralk, Phase l, Segment 7, Iocated in Ansonia, Connecticut (the "Project').
23. Hammonasset rendered labor, materials, tools, equipment, and services to

the Project, which labor, materials, tools, equipment, and services improved the
property and formed the basis for Hammonasset to receive payment.

24.Hammonasset had a reasonable expectation of payment for the reasonable


value of its labor, materials, tools, equipment, and services rendered to-the Project.

25.Ansonia knowingly accepted Hammonasset's labor, materials, tools,


equipment, and services. 26.8y knowingly accepting Hammonasset's labor, materials, tools, equipment,

and services, Ansonia impliedly promised to pay Hammonasset for the labor,
materials, tools, equipment, and services Hammonasset rendered.
27 .Hammonasset is entitled

to payment from Ansonia for the reasonable value

of its labor, materials, tools, equipment, and services rendered to the project. 23.Ansonia has failed and/or refused to pay Hammonasset for the reasonable

value of the labor, materials, tools, equipment, and services Hammonasset


performed. 29.Ansonia's wrongfulfailure to pay Hammonasset has benefitted Ansonia and

damaged Hammonasset.

Fourth Count

- Unjust Enrichment

(in the alternative)


a

30.The Plaintiff Hammonasset construction, LLC ("Hammonasset"), is

Connecticut Limited Liability Company with principal place of business in Clinton,


Connecticut

31.The Defendant City of Ansonia ("Ansonia") is

a municipal corporation

located within the County of New Haven, Stafe of Connecticut.

32.At all relevant times, Ansonia owned and still owns the construction project
known as Ansonia Riveruralk, Phase l, Segment 7, located in Ansonia, Connecticut (the "Project').
33. Hammonasset rendered labor, materials, tools, equipment, and services to

the Project, which labor, materials, tools, equipment, and services improved the
property and formed the basis for Ansonia to receive payment.
34. Hammonasset had a reasonable expectation of payment for the reasonable

value of its labor, materials, tools, equipment, and services rendered to the Project.

35.Ansonia knowingly accepted Hammonasset's labor, materials, tools,


equipment, and services and enjoyed the benefits of the same.

36.Ansonia at all times knew that labor, materials, tools, equipment, and
services were being delivered by Hammonasset, and that Hammonasset expected

to be paid for the same.

3T.Despite Hammonasset's repeated demands, Ansonia failed

to

pay

Hammonasset for the reasonable value of its labor, materials, tools, equipment, and services.

38.Hammonasset

is entitled in equity to payment from Ansonia for the

reasonable value of its labor, materials, tools, equipment, and services rendered

to the Project plus reasonable profit and overhead costs. 39.Ansonia's use and acceptance of Hammonasset's labor, materials, tools,
equiprnent and services and wrongful failure to pay Hammonasset for the same has caused an unjust enrichment to Ansonia and damaged Hammonasset. [Remainder of page intentionally left blank]

WHEREFORE, the Plaintiff Hammonasset Construction, LLC claims the following relief: damages; 2. Pre-judgment Interest pursuant to C.G.S. Sec. 37-3a; 3. Post-judgment interest pursuant to C.G.S. Sec. 37-3a; 4. Allowable costs; 5. Equitable relief; and 6. Such other relief, whether legal or equitable, that this Court determines is just. Dated this
1 '1th

1. Money

day of April, 2014 at Hamden, Connecticut.

The Plaintiff, Hammonasset Construction, LLC

/s/ MichaelV. Pepe


Edwin L. Doernberger eld@sdvlaw.com Michael V. Pepe mvp@sdvlaw.com Saxe Doernberger & Vita, P.C. 1952 Whitney Avenue Hamden, CT 06517 Phone: 203-287-2100 Facsim ile: 203-287 -8847 Juris No. 412266

Return Date: April 29, Hammonasset

2014 Construction, LLC

: -.. , ,

State of Connecticut Superior Court

v.
City of

,.r.
OOr.

of Ansonia/Milford

Ansonia

il

11,2014

STATEMENT OF AMOUNT IN DEMAND

The amount of the demand, exclusive of interest and costs, is greater than Fifteen Thousand Dollars ($1 5,000.00). Dated this 11th day of April at Hamden, Connecticut. The Plaintiff, Hammonasset Construction, LLC

/s/ MichaelV. Pepe

EdwinLffi

eld@sdvlaw.com MichaelV. Pepe mvp@sdvlaw.com Saxe Doernberger & Vita, p.C. 1952 Whitney Avenue Hamden, CT 06517 Phone: 203-287-2100 Facsim ile: 203-287 -AB4t Juris No. 412266