×

Solid waste authority settles suit with firm that built landfill cell

MALONE — The County of Franklin Solid Waste Management Authority has agreed to pay $1.1 million to settle a lawsuit filed by the contractor that built a new cell in the county landfill in 2015.

Zoladz Construction Co. of Alden accepted the offer on Nov. 4, according to papers filed in the Franklin County Clerk’s Office.

Authority Chairman Warren Gaggin said the settlement was the result of mediation between the two sides that made continuing legal action unnecessary. The money came from a retainer fund established when the company was first awarded the contract and did not come out of the authority’s operating budget, he noted.

The suit stemmed from a decision by the authority to withhold a $1.3 million payment to Zoladz for the project after the company failed to meet its completion deadline by about six months. Zoladz claimed that misrepresentations and stalling tactics by the authority and its engineering firm, Barton & Loguidice of Syracuse, were the reason it did not meet the deadline.

The suit sought full payment under the contract, as well as additional payment for extra work done and unspecified damages. The total contract price of the work was roughly $9.2 million.

The authority countered by filing a suit seeking $3.5 million from Zoladz, claiming the delay cost the authority money because of lost tipping fees. The authority’s suit claimed it also suffered an additional financial hit because of having to devote resources to diverting the garbage intended for the new cell to another facility.

Zoladz’ original suit also sought $10 million from the authority and then-Executive Director George Eades because of comments Eades allegedly made about the company during a conference sponsored by the New York State Association for Solid Waste Management. Zoladz accused Eades of making disparaging remarks both during a formal presentation and in informal conversations with other conference attendees.

That portion of the lawsuit was discontinued in early 2018. No explanation for the discontinuance was contained in court papers and Zoladz representatives did not respond to requests for comment.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $4.75/week.

Subscribe Today