Heavy rain washed out a construction site off Hawthorne Avenue in Derby in September 2018.
DERBY — A dozen property owners are suing the city, the engineering company, and the contractor behind the new, $3 million multi-purpose field off Chatfield Street and Hawthorne Avenue.
Their homes and properties were damaged during a torrential downpour on Sept. 25, 2018 while the field was being built.
Mud and rock from the project cascaded off the site and into surrounding houses and yards.
Houses were damaged, finished basements were full of mud, and a private drainage system on E Street was ruined, according to neighbors.
The incident caused in excess of $350,000 to the properties, according to attorney Peter A. Berdon, of Berdon, Young & Margolis in New Haven. He represents the property owners.
The lawsuit alleges that no one took the required erosion control measures to prevent the site from turning into a mudslide.
A flooded yard on Hawthorne Avenue in Derby Sept 25.
The lawsuit alleges that Turco Golf Inc., the company that built the new DeFilippo Field, failed to:
- Install or maintain erosion control measures as required
- Adequately inspect the site
- Grade the site or ‘otherwise protect the site’ to prevent water runoff
- Take adequate steps to secure the site despite weather forecasts
The lawsuit specifically notes that large piles of dirt were “stockpiled” on the site, without regard to erosion control or weather.
Kaestle Boos Associates (KBA) is named as a defendant in the lawsuit. The neighbors allege the engineering company did not properly supervise Turco nor develop construction documents to “adequately protect the site during construction.”
The City of Derby is named as a defendant because the city owns the land and it was a city project (although funded by a state grant).
“The town, the engineering company and Turco Golf had the obligation to ensure that the appropriate erosion control measures were in place to protect against weather events that might arise during the construction process,” Berdon said Wednesday.
At a public meeting in October 2018, representatives from KBA and Turco argued with each other over the project. The project manager from KBA said Turco did not follow erosion control plans. Turco said they followed the plan provided by KBA.
KBA said Turco, as the contractor, was supposed to set up “temporary measures” in advance of the Sept. 25, 2018 rain.
The situation caused members of a field committee to question whether anyone was keeping an eye on the construction project. Click play to listen to part of the conversation from last year.
The lawsuit was filed Sept. 18. The city, KBA, and Turco have yet to file responses. The Derby Board of Aldermen were scheduled to be briefed on the lawsuit during an executive session earlier this month.
The plaintiffs in the lawsuit are: Joann Welsh, Edward Larsen, John Fitzgerald, Jean Fitzgerald, John Netto, Thomas McEvoy, Jr., Thomas McEvoy III, Donna McEvoy, Michelle DiCapua, James McEvoy, Rita McEvoy and Joey Ann Liquigly.
They own or have an interest in 12 properties on E Street, Hawthorne Avenue, Park Avenue, and Chatfield Street.
