Moreau suing unresponsive contractor over flood

Feb. 14--MOREAU -- Crisafulli Brothers blew off its last chance to avoid litigation Thursday.

Officials from the company did not show up after agreeing to meet with Supervisor Todd Kusnierz about the damage caused when a fire suppression sprinkler system broke and flooded Town Hall. Crisafulli Brothers was the contractor for all plumbing in the building.

The incident occurred nearly two years ago. With three weeks left before the town had to either begin a lawsuit or give it up, the Town Board voted Tuesday to sue.

Board members said they were disappointed by the way Crisafulli Brothers handled the situation. In recent weeks, Kusnierz wrote a letter to the president of the company, asking to meet and discuss a settlement offer. The letter was ignored. He called and left a message, and was called back by Vice President Alan Ayers.

Ayers agreed to meet last Thursday.

"Nobody showed up," Kusnierz said. "I have called several times. My phone calls are not being returned. We have no other option than litigation."

Board members voted unanimously to begin litigation, with member Gina LeClair absent.

"It's very unfortunate this is the action we have to take," Kusnierz said, noting that litigation costs both parties and takes time.

But, he said, he was not going to ignore that Crisafulli's subcontractor performed such poor work that the system will have to be completely rebuilt.

"We are going to do right by the taxpayers," Kusnierz said.

The town is also beginning work to rebuild the system. An engineer will study the existing system and design a fix that will include replacing over-tightened bolts and moving pipes that are not at the proper pitch. The design will cost $45,000, and includes supervision of the construction work. The town has not yet gone out to bid for construction.

The system was built by Absolute Fire Protection, which has not returned calls seeking comment over the past two years. But the town is dealing with Crisafulli, which was the general contractor for all plumbing work.

When Rolf Jensen & Associates inspected the system after the flood, an inspector found that an over-tightened bolt pinched a gasket, allowing water to accumulate inside the pipe. On the day of the flood, the temperature was below freezing, and ice was found inside the pipe. The ice likely caused a coupling failure that led a dry pipe to trip, in which water pours out as if the system sensed a fire.

Workers described a "waterfall" pouring into the bookkeeper's office, with 2 to 3 inches of water accumulating on the floor and more water pouring into the basement.

Paper records were soaked, electronics were destroyed and drywall and carpeting had to be replaced.

Those damages were covered by insurance. The lawsuit could lead to Crisafulli paying to fix the system.

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