Property Dispute Lawsuit Against Fieldstone LLC Settled for $287K
Table of Contents
Summary of the Legal Action
Rachele and Carmine Malangone filed a lawsuit against Fieldstone, LLC; Connecticut Concrete Solutions, LLC (CCS); and BHH Affiliates, LLC.
Contract and Misrepresentation
The Malangones had contracted with Fieldstone and CCS to purchase a parcel of land within the Fieldstone Planned Community. They intended to build a two-bedroom home on the property. Fieldstone and its agents assured them that all necessary approvals, including an amendment to the community’s Declaration, were already in place to permit the construction. However, Fieldstone failed to secure this amendment. The plaintiffs alleged that they entered the contract based on these false and misleading assurances.
Consequences of the Misrepresentation
The Plaintiffs relied on the inaccurate representations regarding the property’s buildability. As a result, they ended up with a piece of land that could not support the home they had planned. This led to emotional distress, frustration, and disruption of their housing plans, as they were unable to proceed with the intended construction.
Financial and Emotional Losses
The Malangones sought damages in excess of $15,000, excluding interest and costs. Their claimed losses included payments made under the purchase agreement, a decrease in property value, and attorney fees. They also pursued equitable relief through rescission of the contract. The complaint emphasized the emotional toll the failed transaction and subsequent litigation had taken on them.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Carmine Malangone | Rachele Malangone
Counsel for Plaintiffs:Elton B. Harvey III | Leonard M. Isaac
Defendant(s): Fieldstone, LLC | Connecticut Concrete Solutions, LLC | BHH Affiliates, LLC | CTRE, LLC | Robert W. Lewonka | William Raveis Real Estate Inc. | Deborah D. Huscher
Counsel for Defendants: Eugene A. Marconi | Thomas E. Crosby
Claims Asserted
Negligence and Carelessness
Defendant Fieldstone, LLC alleged that the Plaintiffs and their attorneys acted negligently by failing to obtain a required waiver before closing. Fieldstone claimed this oversight caused the transactional issues. It also accused CTRE, LLC of negligence, asserting that both parties contributed to the Plaintiffs’ alleged losses.
Waiver of Condition Precedent
Fieldstone argued that the Plaintiffs had waived the one-bedroom restriction by choosing to close without first securing the necessary physical waiver. As a result, Fieldstone contended the Plaintiffs could not later claim harm from that condition.
Failure to Mitigate Damages
Fieldstone claimed the Plaintiffs failed to mitigate their damages. According to the Defendant, the Plaintiffs had reasonable opportunities to avoid or reduce their losses but failed to act, which weakened their claims.
Indemnification
Fieldstone sought indemnification from Connecticut Concrete Solutions, LLC and CTRE, LLC. It asserted that those parties made the core representations at issue and, therefore, should bear the resulting liability.
Fieldstone’s Defense
Defendant Fieldstone, LLC denied the key allegations in the Plaintiffs’ complaint and demanded strict proof of breach, fraud, and misrepresentation. Fieldstone claimed it never promised the Plaintiffs that they could build a two-bedroom home. Instead, it placed blame on Connecticut Concrete Solutions and CTRE, LLC for making those representations.
Fieldstone raised three special defenses:
The Plaintiffs and their counsel acted negligently by failing to secure written waivers or request escrow protections.
The Plaintiffs waived contractual conditions by closing on the property without the required waiver.
The Plaintiffs failed to mitigate their damages.
Fieldstone also filed a cross-complaint, seeking indemnification from Connecticut Concrete Solutions and CTRE, LLC, on the grounds that those parties made the disputed representations.
CTRE responded by denying any wrongdoing and claimed that Fieldstone controlled the transaction and caused any resulting losses. Each party sought to shift liability to the other. Fieldstone asked the Court to dismiss the claims and award it legal costs.
Jury Verdict
On March 28, 2025, the jury returned a verdict in favor of Plaintiffs Rachele and Carmine Malangone. The Court ordered Defendant Fieldstone, LLC to pay $287,104.48 in damages for fraud, breach of contract, and violation of the Connecticut Unfair Trade Practices Act (CUTPA).
The jury also found Defendant Connecticut Concrete Solutions, LLC liable for fraud and awarded the Plaintiffs $210,000.00 in noneconomic damages.