COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss SUPERIOR COURT. DEPARTMENT OF THE TRIAL COURT Civil Action No. 200235 CITY OF HOLYOKE, Plaintiff IN COUNTY FAMED OR GOURT » FILED MOUNTAIN VIEW LANDSCAPES & {L 16 2000 LAWNCARE, INC., SPRINTURF, LLC and BSC GROUP, INC. Defendants C hue Lp PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL, ‘THE PARTIES: 1, The Plaintiff City of Holyoke (herein after referred to as the ity") is municipal corporation duly organized by the laws of the Commonwealth having a principal place of business at 536 Dwight Street, Holyoke, Hampden County, Massachusetts, 01040. 2. The Defendant Mountain View Landscapes & Lawncare, Inc. (herein after referred to as “Mountain View”) is a duly organized domestic profit corporation with a principle place of business at 67 Old James Street, Chicopee, Massachusetts.3. Sprinturf, LLC (hereinafter referred to as “Sprinturf”) is a duly organized business organization with a principal place of business at 146 Fairchild Street, Suite 150, Daniel Island, South Carolina 29492 and which is doing business within the Commonwealth of Massachusetts, 4. BSC Group, Inc. (hereinafter referred to as BSC) is a duly organized Massachusetts corporation with a principal place of business at 803 Summer Street, Boston, Massachusetts 02127. 5. Jurisdiction is conferred upon Defendant Sprinturf, LLC pursuant to Massachusetts General Laws Ch.223A, see.3, GENERAL AL 6. Atall times pertinent hereto, the City owned real property located within the City of Holyoke known as Roberts Sports Complex Track & Field at Holyoke High School, Beech Street, Holyoke, Massachusetts. 7. Onor about May 18, 2016, the City and Mountain View entered into a contract whereby Mountain View agreed, among other things, to sell and install a synthetic turf all-purpose sports field at the Roberts Sports Complex and all matters appurtenant thereto. 8. BSC, pursuant to a contract with the City executed by BSC 9-11-2015, was to among other things, provide engincering, design, architectural services related to the assessment, planning and design of the Roberts Sports Complex Track & Field at Holyoke High School.9. BSC, pursuant to its contract with the City, was to among other things, provide quality control to ensure against defects, errors or omissions in the installation and construction of the Roberts Sports Complex Track & Field at Holyoke High School. 10. Sprinturf was the manufacturer, designer distributor or seller of the synthetic turf (referred to also as “turf field” or “carpet” and was a subeontraetor to Mountain View. 11. The project was certified as substantially completed on August 31, 2017. 12. In January of 2018, the City discovered certain defects in the synthetic turf field, including but not limited to: a. The edges of the field were contracting and pulling away from its perimeter in several areas, b. Gaps opened between the edge of the synthetic grass turf and edge drain that surrounds the running track adjacent to the field, c. Seams were splitting open, 4d. Field line markings were shrinking and becoming crooked as the once straight lines were curved, ¢. The surface of the turf field was wrinkling in several areas. 13. The afore mentioned defects rendered the field unsafe for its intended use and invalid as it had become a nonconforming surface for athletic events pursuant to specifications and standards of the National Federation of State High School Associates, the governing body of high school athletics. 14, Sprinturf’s synthetic turf field is defective in as much as it has proven to contract beyond acceptable industry standards,) Ga) 15, The edges of the field were attached by Mountain View to an underlying wood “nailer”. The nailer is a piece of wood sandwiched below the synthetic turf carpet and atop a conerete curb surrounding the perimeter of the field, The purpose of the nailer was to hold the edges of the synthetic turf secure by anchoring the turf system to the concrete curb. The synthetic turf was stapled to the top of the wood nailer, The nailer was nailed to the top of the conerete curb. 16. Mountain View's method of attaching the underlying wood nailer to the concrete curb ‘was not in conformance with recommended industry practice. 17. Good sound and recommended industry practice required the wood nailer to be attached to the side of the concrete curb, not on top of it as was done by Mountain View. 18. Mountain View attached the wood nailer to the conerete curb with nails shot from a nail gun. Good sound and recommended industry practice required the wood nailer to be attached to the concrete curb with stainless steel concrete screws and washers every eighteen inches on center. 19. The wood utilized for the nailer was not of industry accepted wood quality, and was of insufficient of width, thickness or dimension. 20. BSC assessed, engineered, designed and approved of all methods utilized by Mountain ‘View for the installation of the synthetic turf field, including but not limited to methods utilized to anchor the perimeter of the field to the concrete curb. 21. The proximate probable cause of the aforementioned defects are the failures and defects of Sprinturf's synthetic turf manifested by excessive contractive movement of the carpet overcoming the strength of Mountain View's defectively insufficient andnonconforming anchoring system. The said anchoring system was assessed, engineered, designed and approved by BSC. 22. The aforementioned defects continue to this date unremedied or unrepaired rendering the field unsuitable for sports and recreational use, therefore, worthless. ‘THE CONTRACTS: 23. The City’s contract with Mountain View, dated May 18, 2016, required the Contractor (Mountain View), for the contract price to perform all work in a “proper, thorough and ‘workmanlike manner in accordance with Contract Documents”. (ARTICLE IV: IENERAL PERFORMANCE OBLIGATIONS OF THE CONTRACTOR, City of Holyoke General Conditions of the Contract, p. 9 of 49). 24. The contract price paid by the City to Mountain View was $1,447,250.00. 25. Among the numerous obligations assumed by Mountain View, the contract also required Mountain View, as “contractor”; A. The Contractor shall supervise and direct the Work, using the Contractor's best Skill and attention. The Contractor shall be solely responsible for, and shall have control over, construction means, methods, techniques, sequences and procedures, «and shall be responsible for coordinating all portions of the Work under the Contract. B. The Contractor shall be responsible for the proper fitting of all Work. and the coordination of the operations of all trades, Subcontractors, and materialmen engaged upon the Work. The Contractor shall guarantee to each ofits 5‘Subcontractors all dimensions which they may require for the fitting of their work to all surrounding work, C. Allnecessary euting, coring, drilling, grouting, and patching required to fit together ‘the several parts of the Work shalll be done. by the Contractor. D. The Contractor shall be responsible to the Awarding Authority [City of Holyoke] for the acts and omissions of the Contractor's employees, agents and Subcontractors, and their agents and respective employees, and other persons performing portions of the Work or supplying materials therefor. E. The Contractor shall be responsible for the inspection of portions of the Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. (City of Holyoke General Conditions of the Contract, pp. 9-10 of 49) 26. Additionally, the contract provided: Pe ii tr A. The Contractor shall pay to the Owner all expenses, losses and damages, as determined by the Awarding Authority or the Designer, incurred in consequence of any default, defect, omission or mistake of the Contractor or his employees or Subcontractors or the making good thereof. (City of Holyoke General Conditions of the Contract, p.33 0f 40) 27. The contract incorporated and included all obligations and duties contained in the SYNTHETIC GRASS SPORTS SUFFICIENCY-BASE BID.28. Reference 32 18 23.29- 12 of the SYNTHETIC GRASS SPORTS SUFFICIENCY-BASE BID provides: PART 2 PRODUCTS 2.1 MATERIALS A. Synthetic Grass System All components and their installation method shall be designed and manufactured for use on outdoor athletic fields... The system shall be suitable for football, soccer, lacrosse, baseball, softball, PE classes, intramurals, and recreational use. 2. The materials as hereinafter specified should be able to withstand full climatic exposure in all climates... The entire system shall be constructed to maximize dimensional stability, to resist damage and normal wear and tear from its designated uses and to minimize the ultra-violet degradation. 29. Reference 32 18 23.29- 16 of the SYNTHETIC GRASS SPORTS SUFFICIENCY-BASE BID provides: C.Synthetic Grass System Edges and Termination 1. All edges and ends of the synthetic grass system shall be secured to the termination nailer. This termination shall be as detailed in the Drawings and as specified in 03 3013 Site Concrete. 30. Reference 32 1813.03 17 of the SYNTHETIC GRASS SPORTS SUFFICIENCY-BASE BID provides C. Synthetic Grass System Edges and Termination J. Ail edges and ends of the synthetic grass system shall be secured to the termination nailer. This termination shall be as detailed in the Drawings and as specified in 03 3013 Site Concrete.31. Sprinturf, as Mountain View's subcontractor, manufactured, supplied and sold the synthetic turf that was used by Mountain View. 32. Sprinturf specifically warranted the sand/rubber synthetic grass at the Roberts Sports Complex for a period of eight (8) years from the date of substantial completion or “first use” (whichever comes first) against defects in the materials and workmanship. 33. BSC, pursuant to its contract with the City, was to among other things, provide ‘engineering, design, architectural services related to the assessment, planning and ‘design of the Roberts Sports Complex Track & Field at Holyoke High School. 34. BSC, pursuant to its contract with the City, was to, among other things provide quality control to ensure against defects, errors or omissions in the installation and construction of the Roberts Sports Complex Track & Field at Holyoke High School COUNTI. (negligence against Moun View) 35. The Plaintiff hereby repeats, realleges and incorporated by reference all allegations contained in paragraphs 1-34, inclusive, as if originally stated herein. 36. Mountain View negligently designed, planned, installed and constructed improvements to real property, specifically to the Roberts Sports Complex Track & Field at Holyoke High School, Beech Street, Holyoke, Massachusetts, including but not limited to: a. Negligently installing, supplying and utilizing the defective synthetic turf field proven to shrink beyond acceptable industry standards. b. Negligently attaching the edges of the field to the underlying wood “nailer”. 8©. Negligently attaching the underlying wood “nailer” to the conerete curb. sufficient of width, 4. Negligently utilizing wood below industry standard quality, thickness or dimension as the “nailer”. 37. As a result of Mountain View’s negligence, the synthetic turf field is rendered. unsuitable for sports and recreational use, therefore, worthless. Wherefore, as a result of Mountain View’s negligence, the Plaintiff demands judgment of Defendant Mountain View in an amount representing the cost to repair or replace the synthetic turf field, interest, costs, attomney’s fees and whatever such other relief this Court deems just and fair. COUNT II, (breach of contract against Mountain View) 38. The Plaintiff hereby repeats, realleges and incorporated by reference all allegations contained in paragraphs 1-37, inclusive, as if originally stated herein. 39. Mountain View is in breach of expressed warranties that it, among other things, failed to perform its work in a proper, thorough and workmanlike manner. 40. Mountain View is in breach of expressed warranties that it, among other things it sold, furnished, supplied, installed, planned, designed and constructed a defective and worthless synthetic turf field. 41. As the project’s Contractor, Mountain View was contractually responsible to the Awarding. Authority, the City of Holyoke, for the acts and omissions of the Contractor's‘THE PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES OF ALL COUNTS OF ‘THIS COMPLAINT Respectfully submitted, The City of Holyoke, Plaintiff By its attomey: és) Charles J. Emma July 10, 2020 Charles J. Emma BBO # 542126 PO Box 510040 Punta Gorda, Florida33951 413-297-6367 CharlestimmaLaw@gmail.com v7