Werner Deconstruction, Llc V. Siteworks Services Ny, Inc. Et Al

Case Background

On October 23, 2015, Plaintiff Werner Deconstruction LLC filed a lawsuit against Defendant Siteworks Services NY, Inc. (“SSNY”) and others, including allegations of breach of contract, fraud, and unjust enrichment. The case was filed in the United States District Court, New Jersey (Trenton). The case was assigned to Judge Peter G. Sheridan and referred to Magistrate Judge Tonianne J. Bongiovanni. [Case number: 3:15cv7682]

Cause

On February 6, 2015, Werner Deconstruction and SSNY signed a Debris Removal Services Agreement. According to this agreement, SSNY committed to removing a demolition debris pile from the Werner Generating Station in South Amboy, New Jersey. Subsequently, SSNY allegedly subcontracted Minerva Enterprises, LLC to transport the debris to a landfill that accepted asbestos-contaminated material. Additionally, SSNY reportedly subcontracted Ani & Joe Abatement Demolition, LLC for asbestos abatement services related to debris removal. The debris pile contained approximately 20,000 tons of material, some of which was contaminated with asbestos. SSNY agreed to use its "best efforts" to complete the work within ten weeks, starting from the contract's effective date. In return for SSNY's services, Werner Deconstruction agreed to specific payment rates for transport and disposal. On the same day the contract was signed, Werner Deconstruction wired an initial payment of $100,000 to SSNY's designated account, as stipulated in the contract. This payment was intended solely for prepayment to the landfill and for specific services outlined in the agreem