Tl "X" jf amount, legalinterest or property in demand, not including interest andu costs is less than $2,500.1g "X" lf am^o_unl legal interest or property in demand, not including interest andE costs is $2,500 or more.

n "X" if claiming other relief in addition to or in lieu of money or damages.

SUMMONS . CIVILJD-CV-1 Rev.2-13c.G. s. ss s 1 -346, 51 -347, 5 1-349, 51 -350, 52-45a,5248,52-259, P.B. Secs. 3-1 through 3-2'1, 8-1

STATE OF CONNECTICUTSUPERIOR COURT

vvvrw jud.ct.govSee page 2 for instructions

TO: Any proper officer; BY AUTHORIry OF THESTATE OF CONNECTICUT, you are herebycommanded to make due and legal service ofthis Summons and attached Complaint.

Return Date (Must be a Tuesday)

aptil 2e .2 014

ase type code

Address of court clerk where writ and other papers (Number, street, town and zip code)(c.G.s. ss 51-s46, 51-350)

14 West River Street, Milford, CT 06460

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

Saxe Doernberger & Vita, P.C., 1952 Whitney Avenue, Hamden, CT 06517

to prosecute in the amount of

c(See lisbon page 2)

Minor: OO

Juris number fto be entered by attorney only)

412266Telephone number (with area code) Signature of (lf self-represented)

( zos ) 2Br-2100

Number of Plaintiffs: 1 I form JD-CV-2 attached for additional parties

Notice to Each Defendant1' 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 theReturn 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 beobtained 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 yourinsurance representative' Other action you may have to take is described in the Connecticut Practice Book wirich may be found in a iuperior court lawlibrary 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

04111t2014this 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.

I certify I have read andunderstand the above:Name and address of person

Kimberly Ryan, 1952

elephone number of clerk (Mth

own in which wit is retumahle) (C. G.S. Sg 51-346, 51-349)

Name (Last, First, Middle lnitial) and Address of Each pariy (Number; street; p.o. Box; Town; sate; zigName: HammonassetConstruction,LLCAddress:

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

:;'-

jv

Name: City of AnsoniaAddress:

253 Main Street, Ansonia, CT 06401

rn7t

TRUE COPY

*n /nd,frrh6,nipu#r-CommissionerSuperior Court

0411112014

itney Avenue, Hamden, CT 06517

(Page 1 of2)

lnstructions fNe;f p-Atl1. 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 copiesof 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, childsupport, custody, paternity, and visitationmatters).

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

Gase T Godes

Major Description

Contracts

Eminent Domain

Miscellaneous

Property

Minor Description

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

All other

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

MotorVehicles' - Pedestrian vs. Driver

Motor Vehicles* - Property Damage only

MotorVehicle* - Products Liability lncluding WarantyMotor Vehicle* - All other

Boats

Airplanes

Railroads

Snowmobiles

All other

'Motor Vehicles include cars, trucks, motorcycles,and motor scooters.

Construction of Wlls and Trusts

All other

Construclion - All other

Construction - State and Local

lnsurance Policy

Specifle Performance

Collections

All other

Torts (Other thanVehicular)

r02T03T11'l 12

T20r28T29T30

T40

T50

T61

T69

170T71

T90

State Highway Condemnation

Redevelopment Condemnation

Other State or Municipal Agencies

Public Utilities & Gas Transmission Companies

All other

M00

M10

M20

M30

M40

M50

M63

M66

M68

M80

M82

M83ME4

M90

I njunction

Receivership

Mandamus

Habeas Corpus (extradition, release from Penallnstitution)

Arbitration

Declaratory Judgment

Bar Discipline

Department of Labor Unemployment CompensationEnforcement

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

Vehicular Torts v01

v04v05v06v09v10v20v30v40v90

Foreclosure

Partition

Quiet Title/Discharge of Mortgage or Lien

Asset Forfeiture

All other

JD-CV-1 Rev- 2-'13

(Page 2 ot 2)

Return Date: April 29, 2014

Hammonasset Construction, Li:C

V.

City of Ansonia

: State of Connecticut:

: Superior Court:

: J.D. of Ansonia/Milford:

: April 11,2014

COMPLAINT

First Count - Breach of Contract

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

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 its

additionalWork.

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.

2

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 1

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)

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

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.

4

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)

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

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

Connecticut

5

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

Hammonasset for the reasonable value of

and services.

demands, Ansonia failed to pay

its labor, materials, tools, equipment,

6

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]

7

WHEREFORE, the Plaintiff Hammonasset Construction, LLC claims the followingrelief:

1. Money 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; and6. Such other relief, whether legal or equitable, that this Court determines is

just.

Dated this 1 '1th day of April, 2014 at Hamden, Connecticut.

The Plaintiff,Hammonasset Construction, LLC

/s/ MichaelV. PepeEdwin L. Doernbergereld@sdvlaw.comMichael V. Pepemvp@sdvlaw.comSaxe Doernberger & Vita, P.C.1952 Whitney AvenueHamden, CT 06517Phone: 203-287-2100Facsim ile: 203-287 -8847Juris No. 412266

I

Return Date: April 29, 2014 : State of Connecticut

Hammonasset Construction, LLC -.. Superior Court

v. , ,.r. of Ansonia/Milford

City of Ansonia , OOr. 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. PepeEdwinLffield@sdvlaw.comMichaelV. Pepemvp@sdvlaw.comSaxe Doernberger & Vita, p.C.1952 Whitney AvenueHamden, CT 06517Phone: 203-287-2100Facsim ile: 203-287 -AB4tJuris No. 412266

I