Details of Lawsuit Against Ameresco Reported by MetroWest Daily News
July 25, 2011
A Tennessee construction firm has filed a lawsuit against Framingham-based Ameresco, seeking $2.3 million in damages from the energy services company.
Lawsuit filed against Framingham's Ameresco.By Scott O'Connell/Daily News staff
The MetroWest Daily News
Posted Jul 23, 2011 @ 12:00 AM
A Tennessee construction firm has filed a lawsuit against Framingham-based Ameresco, seeking $2.3 million in damages from the energy services company.
According to the complaint, filed in the U.S. District Court for the Western District of Virginia on July 7, T.U. Parks Construction Co. of Tennessee says Ameresco owes it money for change orders and retainage - a portion of the contract's payment withheld until the project's completion - related to a construction project the firm had been hired to do in Virginia two years ago.
Parks also claims Ameresco asked it to perform work outside the scope of its contract.
Suzanne Messere, a spokeswoman for Ameresco, declined comment yesterday because the suit is pending.
Patrick County Public Schools in Virginia picked Ameresco in 2008 to oversee a $25 million renovation project at seven schools in the district. Ameresco contracted Parks in 2009 to provide construction services for $17.5 million, Parks claims.
In September 2009, when construction was supposed to begin, according to the contract, Ameresco failed to notify Parks to start work on four of the schools, the firm claims. The complaint says Ameresco did not submit notices to proceed for two of the schools until November, and the other two until January and February.
Parks says it is entitled to damages from those delays. It submitted change orders to Ameresco amounting to $1.4 million, but the company has not paid them, the suit claims.
Parks also says Ameresco has not paid retainage owed to the firm totaling $914,421.
Following the terms of its contract, Parks says it submitted its claims last May to a neutral firm, Virginia-based RRMM Architects, for a decision. RRMM gave a partial decision on some of the claims, but the suit does not say what it was.
The complaint says Ameresco also turned down Parks' request for mediation over its claims, which the firm says is a breach of its contract.
Parks is asking the court to require that mediation, and if it is unsuccessful, to award Parks the damages it says it's owed.
The firm also claims that the Patrick County school board, which is named as a co-defendant, could be accountable for the damages in place of Ameresco. On Thursday, though, the board was removed as a defendant from the suit, according to court records.
Parks issued a summons to Ameresco on July 7. The company has 21 days to respond.
Virginia attorney Travis Jarrett Graham, listed as one of Parks's legal representatives in the suit, referred questions about the case to Chattanooga lawyer Randy Wilson yesterday. Wilson could not be reached for comment.
The construction project wrapped up this past school year, and a dedication ceremony was held in May at Patrick County High School, according to the district's website.
Founded in 2000, Ameresco specializes in energy-efficiency projects. The company is based on Speen Street and has several regional offices throughout North America.
Read more: http://www.metrowestdailynews.com/archive/x633528875/Lawsuit-filed-against-Framinghams-Ameresco#ixzz1TDCiepm2
