DOCKET NO.: HHD-CV-23-6165724-S
`
`SUPERIOR COURT
`
`SHAFFER BEACON MECHANICAL LLC
`
`VS.
`
`SRK MANAGEMENTLLC ET AL
`
`JUDICIAL DISTRICT OF
`HARTFORD
`
`AT HARTFORD
`
`APRIL 9, 2024
`
`SECOND REVISED COMPLAINT
`
`FIRST COUNT: ( as to SRK Management LLC)
`
`1.
`
`On or about October 18, 2021, the plaintiff, Shaffer Beacon
`
`
`Mechanical_LC,andthedefendant,SRKManagementLLCdulyauthorizedby
`
`Castle Ventures, LLC d/b/a Castle Apartments, entered into an agreement whereby
`
`the plaintiff agreed to provide the defendant, SRK Management LLC, with new
`
`efficiency boilers, gas piping for a new boiler, services and labor for apartment
`
`buildings located in Waterbury, Connecticut and Plainville, Connecticut at the
`
`defendant's request. A copy of the agreementis attached hereto as Exhibit A.
`
`2.
`
`Theplaintiff performed ofall of its obligations to the defendant, SRK
`
`Management, LLC, in connection with said agreement.
`
`2.
`
`The defendant, SRK Management LLC, has defaulted in that it has
`
`failed to pay the plaintiff for said efficiency boilers, services and labor and the
`
`plaintiff is exercising its right to declare the entire balance due and owing.
`
`

`

`4.
`
`There is presently due and owing from the defendant, SRK
`
`ManagementLLC, tothe plaintiff the sum of $19,588.99 [$7,092.89 principal plus
`
`finance chargesin the amount of $12,496.10], accruing finance charges andall
`
`a.
`
`Demand has been madebutthe defendant, SRK ManagementLLC,
`
`has refused and/or neglected to payplaintiff said sum.
`
`( Unjust Enrichment as to Middlebury-Piping Ventures LLC
`SECOND COUNT:
`and Middlebury-Piping VenturesII LLC)
`
`
`a ‘Onor beforeMarch11,2022,theplaintiff,ShafferBeacon
`
`Mechanical LLC, and the defendant, SRK Management LLC, entered into an
`
`agreementwherebytheplaintiff agreed to provide the defendant, SRK Management
`
`LLC, with gas piping for a new motoralong with materials, services and labor for
`
`apartment buildings known as Piping Rock Apartments, 1579 Hamilton Avenue,
`
`Waterbury, Connecticut at the defendant’s request.
`
`Zz.
`
`The defendants, Middlebury-Piping Ventures LLC and Middlebury-
`
`Piping VenturesII LLC, are the record owners of the premises.
`
`S.
`
`The plaintiff performed ofall of its obligations to the defendant, SRK
`
`Management LLC, in connection with said agreement.
`
`

`

`4.
`
`The defendant, SRK Management LLC, has defaulted in that they
`
`havefailed to paytheplaintiff for said gas piping for a new motor along with
`
`materials, services and labor.
`
`
`
`Piping Ventures II LLC have been unjustly enriched thereby, to plaintiffs detriment.
`
`6.
`
`There is presently due and owing from the defendants, Middlebury-
`
`Piping Ventures LLC and Middlebury-Piping VenturesII LLC, to the plaintiff the sum
`
`of $9,566.58 [$7,092.89 principal plus interest in the amount of $2,473.69 at the
`
`statutory rate of 10 percent per annum in accordancewith C.G.S. 37-3a].
`
`
`THIRD COUNT: (Unjust enrichmentas to Castle Ventures LLC)
`
`1.
`
`On or about October 13, 2021, the defendant, Castle Ventures LLC,
`
`entered into an agreement, through its agent, the defendant, SRK Management
`
`LLC, for new efficiency gas boilers along with materials, services and laborfor
`
`apartmentbuildings known as Castle Apartments, 100 Norton Park Road, Plainville,
`
`Connecticut. A copy of the agreementis attached hereto as Exhibit A.
`
`Zz.
`
`The defendant, Castle Ventures, LLC, is the record owner of the
`
`premises.
`
`a.
`
`Theplaintiff performed ofall of its obligations to the defendant, SRK
`
`ManagementLLC, in connection with said agreement.
`
`

`

`4.
`
`The defendant, SRK Management LLC, has defaulted in that they
`
`havefailed to pay the plaintiff for said new efficiency gas boilers along with
`
`materials, services and labor.
`
`thereby, to plaintiff's detriment
`
`6.
`
`There is presently due and owing from the defendant, Castle
`
`Ventures, LLC, to the plaintiff the sum of $7,593.31 finance charges and all costs of
`
`collection.
`
`PLAINTIFF,
`
`.
`-
`‘
`By:
`Eric Hard? Esq.
`Cohen, Burns, Hard & Paul
`81 South Main Street
`West Hartford, CT 06107
`Tel:
`(860) 561-1036; Fax: (860) 247-2126
`JURIS NO. 402625
`Its Attorneys
`Email: ehard@cbhplaw.com
`
`

`

`WHEREFORE, PLAINTIFF CLAIMS.
`
`‘ls
`
`Money damages;
`
`2.
`Attorney fees;
` nterestat the statutory rate of 10 percent pursuant to C.G.S. 37-3a
`4.
`Such otherrelief as the court deemsjust.
`
`PLAINTIFF,
`SHAFFER BEACON MECHANICAL LLC
`
`
`
`By:
`
`27 a
`
`Eric Hard, Esq.
`Cohen, Burns, Hard & Paul
`81 South Main Street
`West Hartford, CT 06107
`Tel:
`(860) 561-1036
`Fax: (860) 247-2126
`JURIS NO. 402625
`Its Attorneys
`
`

`

`CERTIFICATION
`
`| certify that a copy of this document wasorwill immediately be mailed or
`
`delivered electronically or non-electronically on April 9, 2024, to all counsel
`
`and self-represented parties of record and that written consentfor electronic
`
`delivery wasreceived from all counsel and self-represented parties of record who
`
`were or will immediately be electronically served. Name and address of each
`
`party and attorney that copy wasor will immediately be mailed or delivered to:
`
`COUNSEL FOR THE DEFENDANT:
`SRK MANAGEMENTLLC
`
`
`______Slavin,Stauffacher&ScottLLC
`=
`sees a
`P.O. Box 9
`Watertown, CT 06795
`
`
`
`d, Esq.
`Eric
`Cohen, Burns, Hard & Paul
`81 South Main Street
`West Hartford, CT 06107
`Tel:
`(860) 561-1036; Fax: (860) 247-2126
`JURIS NO. 402625
`Its Attorneys
`
`

`

`EXHIBIT A
`
`
`
`

`

`EVERSSURCE
`
`October 13, 2021
`
`Ms, Rebecca Ruiz
`Property Manager
`
`279 Oakville Ave.
`Waterbury, CT 06708
`
`LETTER OF ADDENDUM
`
`Reference;
`Dear Ms. Ruiz,
`
`Castle Ventures (100 Norton Park) — Letter of AddendumNo. 1
`
`This is Addendum number| to the Letter ofAgreementdated April 21, 2021 between Castle Ventures, LLC and
`Eversource Energy. We have reviewed the Beacon Mechanical Services proposalfor additional measuresat this site, and
`new Central Boilers and ECM Pumps have qualified for program incentives. These (2) new measures have generated
`$18,546.63 in direct program incentives, and the bonus comprehensive incentive has increased to $15,281,63 fora total of
`$33,828.26 that potentially could be available for the original LOAitems, ifthese measuresare installed exactly as stated
`inside the Exhibit A documents.
` Theoverall total Multifamily program incentive for all measuresin this property (includingthe original LOA DirectInstall|
`Weatherization, Insulation, Dwelling Unit and Common and Exterior LED Lighting,) has increased from the original
`$75,403.54 LOA combined incentive value to $77,887.00. The LOAexpiration date has been extended to January 30, 2024.
`The Addendum incentives for measure 7 and8, plus the Comprehensive Incentive will be paid to Castle Ventures,LLC
`upon verification ofthe installation ofall energy savings measures. [f you are in agreement withthis Addendum, please
`acknowledge by signing and dating this agreement below and returning to us within 30 daysto execute,
`Sincerely,
`
`
`
`|
`|
`
`i
`
`|
`
`Cat R. Watts
`
`Carl R. Watts
`Eversource Energy
`PO Box 270
`Hartford, CT 06141-0270
`
`EA.
`
`
`
`Signature ofEverSource Official
`Sighatureof the Participant Official
`BoochbengeNpeeVr’
`Name(Print)
`Name(Print)
`Supervisor—EnergyEfficiency
`ae l Aee
`i
`-
`Coy
`INKY
`‘Tule of Participant Official
`Title ofEversource Official
`10/13/21
`Tar | (U\
`a iz
`4
`
`Date
`
`ae ca
`
`AAttREengtteanninebg eaeeeaeey
`
`

`

` MECHANICAL SERVICE, tc.
`
`HEATING«GOOLING «PLUMBINGOlly
`
`
`
`
`BEACON
`
`PQ BOX 868 - GRANBY, CT 06035
`TEL 860-844-0111 / FAX 860-653-4767
`www.BeaconMechanical.com
`CT Lic # S1-0397099, P1-203890, HOD-0000787, MA Lic # 062090
`
`|
`
`QT # 2021-10-06-111
`i
`|
`j
`
`October 18, 2021
`
`Castle Apartments
`100 Norton Park Rd.
`Plainville, CT 06062
`Rev 1
`Dear Rebecca,
`
`Building 1 Boiler Replacement
`
`Bldg.# 1: We shall drain, disconnect, remove and properly disposeof the existing three (3) gas boilers. We will thet
`furnish labor and materials required to install, three (3) new Lochinvar Energy Knight condensing gas boiler, model
`KHB285N. Each boiler has a heating capacity of 264,000 BTU/h whenfired on natural gas with an operating efficiency
`of 95%. The Energy Knight features direct spark ignition, modulating burner with a 10:1 turndown, an ASMEstainld¢ss
`steel heat exchangerfor durability and long life, and an ECM variable speed primary circulator. The boiler includesithe
`SMART SYSTEM™ which is an advancedintegrated boiler contro! offering outdoor reset, night setback, domestic hot
`waterpriority, and additional features designed to maximize the potential energy savings. The boilers will be connected
`togetherin a lead / lag system to maximize energyefficiency and to accommodate the various heating and hot water
`demandsof the building. This new system will be piped as a primary secondary system with a new Grundfos Magna3
`circulatorfor the building loop. This boileris a high efficiency modulating unit and will be directly vented through the
`
`side wallofthebuildingutilizingPVCwithcombustionairducteddirectlyintetheboilerbythesame method. The |
`domestic hot waterwill be generated by the existing indirect water heater. As part of the installation, we will replacd the
`existing domestic circulation pump with a new Grundfos ECM pump.
`i
`ii
`High Efficiency Equipment:
`-
`Lochinvar KHB285N Gas-Fired Boilers (x3)
`-
`Grundfos Magna3 40-120F ECM Circulators (x1)
`-
`Grundfos Alpha 26-99 ECM Circulators (x1)
`
`i i
`
`Included in the price is labor to completely install these new boilers, supply and return piping. Also includes: circulator
`pumps, ball valves, purge station, low water cut-offs, automatic water feeders. anti-backflow preventers, copper tubing,
`copperfittings, black pipe, blackfittings, gas piping, PVC pipe, condensate pumps, acid neutralizers, vinyl tubing,
`|
`miscellaneous installation materials, and control wiring. Our price includes start-up, permit and one (1) year warranty
`on Beacon Mechanicalinstalled components.
`XK
`|
`PLCC... csscssesesseesenees vonn $41,056.34 + $ 2,607.08 CT Tax = $ 43,663.42" Total ~ O93 @ 28, WG
`“Rebates / incentives will be determined by an LOA from the utility companyfollowing their review.
`G1 BMY |
`Beacon Mechanical Service, LLC is a licensed andfully insured company. BMS is also a Better Business
`©"&
`
`&
`[ima
`Bureau Accredited Business.
`| BBB. Pahweet
`
`This Quotationis valid for 30 days.
`
`Terms:
`*
`e
`6
`
`2
`
`i
`LOA will be assigned to BMS
`i
`Payment terms on ownerportion of contract will be paid by equal payments for 6 months with 2%interest on remainina
`balance per month after thirly days
`~
`Delivery: 2-6 weeks from receipt of signed order and deposit (based on unit availability from factory/distributor), BMS lis
`not responsible for extended delays due to equipment shortages from manufacturer’s & distributors, This also
`depends on COVID-19 guidelines as outlined by the Slate & Federal Government.
`i
`Finance charges of 1.5% per month / annual Rate of 18%on all amounts past due and we will add all costs of collection
`including a reasonable attorney's fee.
`;
`
`

`

`
`ae
`ait CON
`
`MECHANIEAL SERVICE, us.
`afeyi ((eerarolaleitena slerdey]ieetayley
`
`
`
`
`October 18, 2021
`
`PO BOX 868 - GRANBY, CT 06035
`TEL 860-844-0111 / FAX 860-653-4767
`CT Lic # $1-0397099, P1-203890, HOD-0000787, MA Lic # 062090
`
`www.BeaconMechanical.com
`
`Castle Apartments
`100 Norton Park Rd.
`
`Rev1
`Dear Rebecca,
`
`QT # 2021-10-06-14
`
`Building 1 Boiler Replacement
`
`Bidg.# 1: We shall drain, disconnect, remove and properly disposeof the existing three (3) gas boilers. We will then
`furnish labor and materials required to install, three (3) new Lochinvar Energy Knight condensing gas boiler, model
`KHB285N, Each boiler has a heating capacity of 264,000 BTU/h when fired on natural gas with an operating efficiency
`of 95%. The Energy Knight features direct spark ignition, modulating burner with a 10:1 turndown, an ASMEstainless
`steel heat exchangerfor durability and longlife, and an ECM variable speed primarycirculator. The boiler includes the
`SMART SYSTEM™ which is an advanced integrated boiler control offering outdoor reset, night setback, domestic hot
`waterpriority, and additional features designed to maximize the potential energy savings. The boilers will be connected
`togetherin a lead / lag system to maximize energy efficiency and to accommodate the various heating and hot water
`demands of the building. This new system will be piped as a primary secondary system with a new Grundfos Magna3
`circulator for the building loop. This boller Is a high efficiency modulating unit and will be directly vented through the
`side wall ofthe building utilizing PVC withcombustion air ducted directly into the boiler by the same method. The
`an
`domestic hot waterwill be generated by the existing indirect water heater. As part of the installation, we will replace the
`existing domestic circulation pump with a new Grundfos ECM pump.
`
`High Efficiency Equipment:
`-
`Lochinvar KHB285N Gas-Fired Boilers (x3)
`-
`Grundfos Magna3 40-120F ECM Circulators (x1)
`-
`Grundfos Alpha 26-99 ECM Circulators (x1)
`
`included in the price is labor to completely install these new boilers, supply and return piping. Also includes; circulator
`pumps, ball valves, purge station, low water cut-offs, automatic water feeders, anti-backflow preventers, coppertubing,
`copperfittings, black pipe, blackfittings, gas piping, PVC pipe, condensate pumps, acid neutralizers, vinyl tubing,
`miscellaneous installation materials, and control wiring. Our price includes start-up, permit and one (1) year warranty
`on Beacon Mechanicalinstalled components.
`
`Price......... beeeesnseeeseuanaee $ 41,056.34 + $ 2,607.08 CT Tax = $ 43,663.42" Total
`
`*Rebates / incentives will be determined by an LOA from the utility company following their review.
`
`Beacon Mechanical Service, LLC is a licensed and fully insured company. BMS is also a Better Business
`Bureau Accredited Business.
`
`(
`
`Easaa
`poe
`
`This Quotation is valid for 30 days.
`
`Terms:
`
`e
`2
`
`a
`
`e
`
`LOA will be assigned to BMS
`Payment terms on owner portion of contract will be paid by equal payments for 6 months with 2%interest on remaining
`balance per month afterthirty days
`Delivery: 2-6 weeks from receipt of signed order and deposit (based on unit availability from factory/distributor). BMS is
`not responsible for extended delays due to equipment shortages from manufacturer's & distributors. This also
`depends on COVID-19 guidelines as outlined by the State & Federal Government.
`Finance charges of 1.5% per month / annual Rate of 18% un all amounts past due and we will add all costs of collection
`including a reasonable attorney's fee.
`
`

`

`°
`
`®
`
`®
`®
`
`BMS is not responsible for any taxliability that may be imposed on the customer as a result of any payments from rebate
`incentives.
`BMS one (1) year warranty is on labor and materials as stated in equipment manufacturer's warranly and begins on
`completion of installation.
`Warranties are not in effect until job is paid in full. Warranties are not prorated.
`Customer needs to call for a final Inspection with the Building Departmentfollowing completion of the job. Final payment
`is NOT related to inspection. BMS will address any issues (if needed) related to the installation following inspection.
`
`
`
`Nick Riggott
`
`Please sign and return one (1) copy of this entire proposal.
`
`| have read and accept the terms and conditionslisted above and select the following;
`
`Total:
`
`Accepted By:
`
`(Signature)
`
`
`_____ Date: _ Mere
`
`/
`
`a
`
`Vm
`
`(Print Name)
`
`You the buyer may cancel this (ransactionat any time prior ta midnight on the third business day after the date ofrhis transaction, See the attached notice of
`cancellation for an explanation ofthis right.
`
`

`

`Statement
`
`
`
`Date: 1/18/2024
`
`Sap areeneon
`
`ING + PLUMBING « Oh
`Quality & Integrity Since 4890
`12 Mechanicsville Road
`P.O. Box 868
`
`Granby, CT 06035
`(860) 844-0111
`
`(860) 653-4767 (fax)
`
`Lic. # S1-0393852, P1-0289777, HOD-000128
`
`_
`
`Account: SRK Management
`
`BBRITTT
`Waterbury, CT 06704
`
`Customer/invoice
`
`—— Date
`
`Description
`
`Invoice Amount
`
`Payments
`
`Balance
`
`Castle Apartments
`
`266548
`L2729/2021 Work Order 223748Installation Boe:
`$45,663.49
`$43,663,42
`277152
`1/31/2022 January 2022 Interest
`$672.67
`$44,536.09
`277153
`2/28/2022 February2022 Interest
`$890.12
`$45,426.21
`277154
`3/31/2022 March 2022 interest
`$907.92
`$46,334.13
`277155
`4/30/2022 April 2022 Interest
`$926.08
`$47,260.21
`277156
`5/31/2022 May 2022 Interest
`$944.60
`$48,204.81
`6/6/2022 CK #443 DATED 5/31/22
`$46,138.40
`6/30/2022 June 2022 Interest
`$47,101.90
`7/9/2022 CK #467 DATED 6/13/22
`$44,934.82
`7/30/2022 July 2022 Interest
`$45,917.59
`8/15/2022 CK #296 DATED 8/3/22
`$27,370.96
`8/31/2023 August 2022 interest
`$27,739.51
`9/2/2022 CK #1527050 DATED 8/30/22 EVERSOURCE
`$13,972.91
`9/6/2022 CK #304 DATED 9/1/22
`$11,972.91
`9/30/2022 September Interest
`$12,341.46
`10/31/2022 October Interest
`$12,710.01
`10/31/2022 CK #331 DATED 10/25/2022
`$7,593.31
`
`($2,066.41)
`
`$2,167.08)
`
`$16,546.63)
`
`
`
`oB5.116. 70)
`
`277158
`
`277189
`
`277491
`
`277895
`280333
`
`$963.50
`
`$982.77
`
`368.55
`
`365,55
`368.55
`
`