City wins protracted legal fight with sewer plant contractor

The long-running legal battle between the city and the contractor that constructed and helped manage Salisbury’s state-of-the-art wastewater treatment plant appears to be over.

Last week, Maryland’s highest court denied the request for an appeal by Construction Dynamics Group Inc. related to the construction management of the plant off Pemberton Drive.

As construction managers, CDG provided the city with the supervision of the Wastewater Treatment Plant construction from 2005 to 2009.  The failure of the Wastewater Treatment Plant to operate properly and achieve state-mandated performance for the removal of nitrogen had caused the city to file a lawsuit seeking recovery of monies paid to CDG for improper billings and failure to perform under the terms of its contract with the city.

After a jury trial in the Wicomico County Circuit Court, the city was awarded $1.97 million.

CDG subsequently appealed the case to Maryland’s intermediate appellate court, the Court of Special Appeals in Annapolis. The appellate court affirmed the verdict in favor of the city.

CDG then requested the Court of Appeals hear an appeal. That court denied the CDG request.

CDG has paid the amount of the verdict to the city, according to officials..

Salisbury has recovered more than $13 million as a result of litigation concerning the construction project.

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