The city of Hartford and the developer it fired from the construction of the city’s minor league ballpark squared off in court Wednesday on the first day of a month-long trial in which the developer claims it was wrongly kicked off the job in 2016.
“This case, in part, is about government abuse, ignoring budgets,” Ray Garcia, an attorney representing the fired developers, Centerplan Construction Co. and DoNo LLC, said, in an opening statement. “It’s about understanding what could be done within confines of a budget to achieve a dream.”
The developers were fired by the city from the project in June 2016 after missing key deadlines for construction of Dunkin’ Donuts Park, home to the Yard Goats, the Double A affiliate of the Colorado Rockies. The Yard Goats played their entire first season on the road while the ballpark was completed by another contractor.
The trial, before a jury, is high stakes for both sides. The developer is seeking $90 million in damages from the city, which could be a major setback for a city whose finances are showing signs of recovery after a massive state bailout. Centerplan is on the hook for $39 million paid by its insurer to complete the construction under another contractor.
Also hanging in the balance are liens placed by Centerplan on properties surrounding the park envisioned for mixed-use redevelopment, effectively blocking another developer from building on those parcels.
Robert A. Landino, Centerplan’s founder and a former state representative, testified that Centerplan’s contract with the city gave it the legal right to control the ongoing design of the 6,000-seat ballpark. But, in reality, the developer had little, if any, say, Landino said.
In addressing the jury, Judge Thomas A. Moukawsher said one question that is being raised in the trial is whether the city interfered with Centerplan’s control over the project’s design.
Landino said the ballpark it had initially proposed was far more modest than what was eventually built. The design kept evolving even while construction was underway. In the summer of 2015, the city and Yard Goats owner Josh Solomon agreed to few of 150 changes proposed by Centerplan to contain rising costs, which had started running into the “millions.”
By December, costs had ballooned by more than $10 million, rising to $63 million and coming to light just before Christmas.
“It was the Christmas surprise because they [the city] weren’t paying attention to the previous six months,” Garcia said.
The ballpark had started construction under Mayor Pedro E. Segarra. In late January, another agreement with newly elected Mayor Luke Bronin extended the deadline for completion from March to mid-May. The city determined the second deadline was missed and Centerplan was fired from the job in early June.
In opening remarks, Attorney Leslie P. King, representing the city, disputed the contention that the ballpark was nearly complete by the deadline. King said “base work” not affected by any changes in design was not finished.
“You will learn, and you’ll see with your own eyes that at the time Hartford fired Centerplan, the stadium was riddled with improperly installed work and unfinished work and, again, the base work — nothing to do with” [any changes], said King, of the law firm Murtha, Cullina.
King also disputed Centerplan’s credentials as a stadium developer, calling into question the expertise of a Centerplan partner that specializes in stadium design.
“The only problem is the alleged partner of Centerplan was never a stadium contractor,” King said. “They are really good at grass. They are actually a field contractor. They are very good at what they do. But they are not stadium contractors. They have nothing to do with the building space.”
Landino responded in testimony that the expertise in field design was crucial to the success of a ballpark, which includes intricate drainage and irrigation systems.
Testimony resumes Thursday in Superior Court in Hartford.
