Two Years Later, Lyme Settles Bridge Dispute with Contractor for $40,000

LYME, CT – The Town of Lyme has paid $40,000 to Suchocki & Son, Inc. to settle a 2023 legal dispute related to construction of the Birch Mill Road bridge. 

The case arose from a civil complaint lodged in New London Superior Court by Suchocki & Son, which alleges the town owed the contractor money and waged a “campaign of harassment and intimidation” that harmed the company’s reputation. 

The town argued the company did not complete the project on time and had been paid everything it was owed, citing a provision in the contract allowing the town to assess $1,000 per day in damages if the contractor failed to meet a specified “substantial completion” deadline.

The settlement avoids a civil trial initially scheduled for later this month in New London Superior Court.  

A settlement agreement signed in March by First Selectwoman Christy Zelek and Suchocki & Son Vice President Joshua Suchocki specified the bridge had been completed, accepted by the town and “is currently being used for its intended purposes.” No outstanding issues related to the contractor’s work remain, according to the agreement.

Zelek on Friday said the settlement amount has been paid by the town. The Board of Selectpeople in February unanimously approved the agreement.

She could not specify how long the project, which took place during the previous administration, ran past its expected completion date.

“This lawsuit was going on when I came on, and we just finished it,” she said.  

She declined to comment further, citing the town’s policy on legal matters, but said local officials remain “committed to evaluating all situations carefully and incorporating any lessons learned” going forward. 

The amount the town spent on legal fees was not available Friday due to the holiday.

Court documents show the town selected Suchocki & Son, as the lowest qualified bidder, to replace the bridge for $884,942 in February 2023. Town engineer Don Gerber acted on the town’s behalf. 

In a February 2024 complaint, Suchocki alleged the town relied on defective design documents, required work outside the contract and interfered with construction. The company also claimed Gerber made false, defamatory statements about its work to engineers and subcontractors. 

In its April 2024 response and counterclaim, the town argued the company had been paid for work completed to the town’s satisfaction and is owed nothing more. 

The town also claimed governmental immunity for statements made by its engineer. According to the state Office of Legislative Research, municipal employees in Connecticut have immunity in cases related to their assigned duties except when negligence or “wanton, willful or malicious misconduct” is involved. 

Representatives of Suchocki & Son did not return a call for comment Friday.