DOCKET NO.

NNH-CV-20-6104673-S : SUPERIOR COURT

:
TURCO GOLF, INC. : JUDICIAL DISTRICT OF NEW HAVEN
:
v. : AT NEW HAVEN
:
CITY OF DERBY : JULY 27, 2020

AMENDED COMPLAINT AS OF RIGHT

FIRST COUNT (Breach of Contract- Failure to Pay Contract Balance)

1. Plaintiff, Turco Golf, Inc. (“Turco Golf”), is a corporation organized and

existing under the laws of the State of New York with an office and place of business located at

430 Montclair Avenue, Pompton Lakes, NJ 07442.

2. Defendant, City of Derby (the “City”), is a body politic and corporate in the

State of Connecticut with offices located at 1 Elizabeth Street, Derby, Connecticut 06418.

3. On or about June 26, 2018, the City, as owner, and Turco Golf, as contractor,

entered into an agreement (the “Contract”), whereby Turco Golf agreed to construct the project

known as Re-Bid Athletic Facilities Renovation Project, Derby High School, Derby, CT; City

Project No. COD 2018-02 (B) (the “Project”).

4. The Contract was duly entered into by the City and Turco Golf.

5. After the parties entered into the Contract, Turco Golf commenced its

performance of its duties and obligations in accordance with the Contract.

6. Turco Golf fully performed all of its duties and obligations required by the

Contract.
 7. Despite demand, the City has failed and refused to pay Turco Golf all monies it

is due for its work on the Project.

8. Pursuant to the terms of the Contract, Turco Golf is due the unpaid contract

balance plus interest and costs.

9. The City’s failure to compensate Turco Golf all the amounts due and owing is a

breach of the Contract for which the City is liable.

10. As a result of its breach of the Contract, the City is liable to Turco Golf for the

unpaid contract balance, plus interest and costs.

SECOND COUNT (Breach of Contract- Failure to Pay for Additional Work)

1-10. Paragraphs 1-10 of the First Count are hereby restated and incorporated herein

by reference as Paragraphs 1-10 of the Second Count as if fully stated herein.

11. During Turco Golf’s performance of the Contract, the City ordered, directed

and/or required Turco Golf to perform additional work beyond that which was required by the

Contract.

12. Turco Golf performed the additional work with the expectation that it would be

compensated for performing the additional work.

13. The City is obligated to compensate Turco Golf for the costs of such additional

work the City ordered, directed and/or required Turco Golf to perform.

14. Notwithstanding demand by Turco Golf for payment for the additional work, the

City has failed and refused to pay Turco Golf the sum justly due.

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 15. The City’s failure to pay for the additional work is a breach of contract for

which the City is liable.

16. As a result of the City’s breach of contract, Turco Golf has suffered damages.

THIRD COUNT (Breach of Contract- Failure to Pay for Delays and Disruptions)

1-16. Paragraphs 1-16 of the Second Count are hereby restated and incorporated

herein by reference as Paragraphs 1-16 of the Third Count as if fully stated herein.

17. During Turco Golf’s performance of the Contract, the City breached the

Contract in one or more of the following ways:

a. The City failed to make the Project site available to Turco Golf;

b. The City provided Turco Golf with defective, inadequate and/or

incomplete plans;

c. The City prevented Turco Golf from performing work for significant
periods of time while the work in question was redesigned, thereby
delaying and interfering with the progress of the work Turco Golf had
contracted to perform;

d. The City permitted its other contractors to interfere with Turco Golf’s
Project work;

e. The City did not require its specified turf contractor to enter into an
agreement with Turco Golf in a timely manner;

f. The City failed to issue directives pertaining to additional work and/or

changed conditions and/or utility relocations in a timely manner;

g. The City failed to respond to Turco Golf’s claim for additional

compensation resulting from interference and delays;

h. The City failed to properly administer the Contract;

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 i. The City failed to fully compensate Turco Golf for delays associated
with design changes, additional work, and changed conditions;

j. The City failed to compensate Turco Golf for delays; and

k. The City failed to complete its predecessor work in a timely manner.

18. As a result of the breaches of Contract described above, the work Turco Golf

was required to perform was significantly more difficult and different from that which the

Contract originally required.

19. As a result of the aforesaid breaches, Turco Golf was required to perform work

on the Project over a significantly longer period of time, and in a less efficient and productive

manner than it anticipated when it entered into the Contract.

20. By reason of the City’s breaches of the Contract and resulting delays and

disruptions, Turco Golf suffered great financial harm and detriment for which the City is liable.

Said financial harm and detriment include, but are not limited to, extended general conditions,

extended and/or unabsorbed home office overhead, increased costs due to lost productivity

and/or additional labor, lost profits, additional equipment and equipment rental costs, and the

like.

FOURTH COUNT (Quantum Meruit)

1-20. Paragraphs 1-20 of the Third Count are hereby restated and incorporated herein

by reference as Paragraphs 1-20 of the Fourth Count as if fully stated herein.

21. The City requested that Turco Golf furnish labor, materials, and/or services for

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the Project.

22. In response to the City’s request, Turco Golf furnished said labor, materials

and/or services with the reasonable expectation that it would be compensated for its labor,

materials, and/or services.

23. The City accepted the labor, materials and/or services Turco Golf provided with

the knowledge that Turco Golf expected to be paid for said labor, materials and/or services, or

the City accepted the labor, materials and/or services that Turco Golf provided under

circumstances that were such that a reasonable person in the City’s situation would have known

that Turco Golf expected to be paid for its labor, materials and/or services.

24. The City accepted and enjoyed the benefits of the labor, materials, and/or

services furnished by Turco Golf.

25. It would be inequitable and unconscionable for the City to retain the benefits

furnished without compensating Turco Golf.

26. At all times pertinent hereto, the City was aware that Turco Golf would demand

and has demanded to be paid for the furnishing of labor, materials, and/or services as requested

by the City.

27. Despite demand, the City has failed and refused to fully compensate Turco Golf

the reasonable value of the labor, materials, and/or services that it provided.

28. As a result of the City’s nonpayment, Turco Golf has suffered damages for

which the City is liable.

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FIFTH COUNT (Unjust Enrichment)

1-2. Paragraphs 1-2 of the First Count are hereby restated and incorporated herein by

reference as Paragraphs 1-2 of the Fifth Count as if fully stated herein.

3. Turco Golf provided the City with certain labor, materials, and/or services for a

construction project known as Athletic Facilities Renovation Project, Derby High School,

Derby, CT; City Project No. COD 2018-02 (B).

4. Turco Golf provided the City with valuable labor, materials, and/or services for

which the City realized a direct and material benefit and was unjustly enriched to Turco Golf’s

detriment.

5. Turco Golf provided said labor, materials, and/or services with the expectation

and understanding that it would be paid the reasonable value of this work.

6. The City knowingly accepted and enjoyed the benefits of the labor, materials,

and/or services furnished by Turco Golf with the full knowledge and understanding that Turco

Golf expected to be paid the reasonable value of this work.

7. It would be inequitable and unconscionable for the City to retain the benefits

furnished without fully compensating Turco Golf for said labor, materials and/or services.

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WHEREFORE, Plaintiff, Turco Golf, Inc., prays for the following relief:

1. Money damages;
2. Interest;
3. Costs; and
4. Such other and additional relief, in law or equity, as the Court may deem
equitable and just.

PLAINTIFF,
TURCO GOLF, INC.

By: /s/ 419812

Scott S. Orenstein
Andrew J. McCoy
Gerber Ciano Kelly Brady LLP
Its Attorneys
100 Corporate Place, Suite 300
Rocky Hill, CT 06067
Tel/Fax: (860) 785-4629
sorenstein@gerberciano.com
Juris No. 439912

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DOCKET NO. NNH-CV-20-6104673-S : SUPERIOR COURT
:
TURCO GOLF, INC. : JUDICIAL DISTRICT OF NEW HAVEN
:
v. : AT NEW HAVEN
:
CITY OF DERBY, CONNECTICUT : JULY 27, 2020

STATEMENT OF AMOUNT IN DEMAND

Plaintiff claims monetary damages in excess of Fifteen Thousand ($15,000.00)

Dollars, exclusive of interest and costs.

PLAINTIFF,
TURCO GOLF, INC.

By: /s/ 419812

Scott S. Orenstein
Andrew J. McCoy
Gerber Ciano Kelly Brady LLP
Its Attorneys
100 Corporate Place, Suite 300
Rocky Hill, CT 06067
Tel/Fax: (860) 785-4629
sorenstein@gerberciano.com
Juris No. 439912
 CERTIFICATION

I hereby certify that on the 27th day of July, 2020, a copy of the foregoing was sent via
U.S. Mail, postage prepaid and/or electronically delivered to all counsel and self-represented
parties of record and that written consent for electronic delivery was received from all counsel
and self-represented parties of record who were electronically served as listed below:

Vincent M. Marino, Esq.

Marino, Zabel & Schellenberg PLLC
657 Orange Center Road
Orange, CT 06477
vmarino@mzslaw.com

/s/ 419812
Scott Orenstein