28 July 2015
The money is for damages and attorneys’ fees, said Catherine Neelley, LMOA general manager.
Conversely, the jury awarded Watershed Services $13,085 in its countersuit against LMOA.
LMOA’s lawsuit against Watershed Services claimed that Watershed Services failed to perform certain repairs for which it was contracted and paid.
LMOA hired Watershed Services for services including repairing the Tufton dam and sluiceway, replacing an underwater drain valve at the Tufton dam, fixing the main dam sluiceway, replacing a main dam underwater valve, and repairing filter drains at both dams.
By July 2011, the lawsuit stated, Watershed Services said its work was 95 to 99 percent completed, and was paid accordingly. But “in reliance upon the defendant’s representations, the association paid the defendant money for work which the defendant knew had not been done,” the lawsuit claimed.
In the spring of 2012, LMOA discovered that the Tufton dam valve didn’t work, the lawsuit stated. There were also problems with the filter drains at the main dam and with a sluiceway extension. “Excavation of those areas revealed that they had been installed improperly and are not functioning as designed to ensure the stability of the dam,” the lawsuit stated.
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