A federal judge in Baltimore has dismissed a significant part of the City’s suit against the engineering firm that designed the “WWTP” that doesn’t work right. Judge Benson Legg has dismissed without prejudice Count III and Count IV, which claim that O’Brien & Gere made negligent misrepresentations and committed fraud.
He also scheduled the case for trial, if one is necessary, in mid-September 2011. That probably means that it will be another two years, at least, before the City recovers any funds from O’Brien & Gere or its insurance carrier unless there is a negotiated settlement before then.
It remains unclear, if the City wins, how much money will be received. So far the federal court has not considered if the City is bound by the provision in its contract with O’Brien & Gere that limits that firm’s liability to $1 Million, which is much less than the amount that the City has stated that it needs to make the sewage plant work properly.
As recently reported on this blog, the engineer firm is being represented by a law firm that specializes in defending claims such as those that the City has made. The City is being represented by Paul Wilber’s law firm and the firm that provides environmental law advice for the City.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
9 comments:
Is Wilber a lawyer? Could have fooled me!
Here we go again -- remember what Stu Leer and the Salisbury Maulers did to the City in Court.
This does not look good for the home team -- is it time to change the manager?
It all comes down to WHO has the most money anymore in court. It is a shame, look at OJ Simpson, EVERYONE knew he was guilty but they just wanted to see if they could find loop holes to get off. I hate Lawyers, they are pieces of crap and the world would be better with out them.
The lawyers will be the only winners.
Salisbury doesn't have any representation. Thanks again ex-mayor you female dog.( bad word that starts with a "B")
A firm that specializes in defending against such claims vs. Paul Wilbur?? That's like putting Joe Frazier up against a little old lady armed with a purse.
We're dead.
caveat emptor!
The charges that were dismissed simply mean that the judge saw no evidence that the design firm intentionally mislead or were fraudulent....it does not releive them of liability for an inappropriate design.
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