Fairfield Metro contractor files second lawsuit over road work
Guerrera Construction Co., the firm that built the town's third railroad station off lower Black Rock Turnpike, has filed a second lawsuit against the town, this time over payments it claims it is owed for offsite improvements to intersections around the depot.
According to the suit filed April 10 in New Haven Superior Court, the town still owns Guerrera $222,885 for work done on intersection upgrades on Kings Highway, Commerce Drive and Black Rock Turnpike.
The Oxford-based construction firm filed a lawsuit in March claiming it is still owed $5.4 million for work on the Fairfield Metro station itself.
The court papers state the contract for the intersection work carried an initial cost of $2.56 million, but was later amended during the course of the project in include additional work. Taking into account the approved and pending change orders, Guerrera contends the amended contract price is $3 million, but said it has received only $2.79 million in payments.
Guerrera said it has asked the town for the additional money, but the town has refused to pay the balance the firm claims is owed.
"Because Fairfield now enjoys the benefits of, but has not paid for this work, it has been unjustly enriched," the lawsuit claims, "and Fairfield must fully compensate Guerrera."
"Again, we are in process of finalizing this, and hopefully it will all be worked out," Town Attorney Stanton Lesser told the Fairfield Citizen this week.
The intersection work, which included new turning lanes and traffic signals on streets abutting Fairfield Metro, were required by the State Traffic Commission.
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