Village of Hammond files suitThe village of Hammond has filed suit against Ayres Associates Inc., claiming the company did not fulfil their contract to engineer and design seepage cells for Hammond's wastewater treatment facilities.
By: Gretta Stark, New Richmond News
The Village of Hammond has filed suit against Ayres Associates Inc. (Eau Claire). According to the complaint Hammond filed, Ayres was contracted in 2004 to engineer and design wastewater treatment facilities for Hammond including up to four discharge seepage cells with a calculated disposal capacity of around 450,000 gallons per day.
Hammond claims Ayres guaranteed the seepage cells would have the disposal capacity of about 450,000 gallons per day, but the seepage cells did not perform up to that standard. The lawsuit also claims that Ayres “acknowledged in writing that it misinterpreted, among other things, the soils and bedrock elevation beneath the seepage cells.”
Hammond is suing Ayres for breach of contract, and negligence, claiming Ayres improperly designed the seepage cells. Hammond is asking for damages.
Village Attorney Tim Scott advised Hammond to file suit against Ayres Associates Inc. before the statute of limitations came up.
“The ultimate hope is that this will be able to be taken care of without full-fledged trial,” said Scott, “which, of course, is expensive and time consuming.”
Hammond hired attorney Paul Meyer of Hammargren & Meyer, Bloomington, to handle the lawsuit. Scott said this is because Meyer has worked many cases like this before.
“This is quite a specialized area,” said Scott, “and this is an area that law firm (Hammargren & Meyer) specializes in.”
According to Meyer, Ayres Associates Inc. has 45 days to answer the complaint once they have officially been served with the complaint. Meyer said once Ayres has been officially received the complaint and made an official response, proceedings can begin.
“It would be nice to get the case resolved and very, very quickly,” Meyer said, “come to some agreement and get the case resolved.”
Representatives from Ayres Associates said they could not comment on the lawsuit at this time.