2001 Conn. Super. Ct. 8002 | Conn. Super. Ct. | 2001
The plaintiff alleges the following facts. Tougher was awarded a public contract by the department of public works on April 29, 1999, to act as a general contractor for construction and/or renovation to the Learning Corridor, a public building in Hartford, Connecticut. It is undisputed that the total contract exceeded $50,000. Pursuant to General Statutes §
The plaintiff commenced performance on the sub-subcontract in June 1999. The plaintiff received several progress payments in the form of checks from Tougher to Accurate and the plaintiff jointly. On April 18, 2000, the plaintiff completed its work on the sub-subcontract. The plaintiff alleges that it substantially performed all the terms and conditions on its part and submitted timely invoices.
The plaintiff alleges that Tougher failed to perform under the terms of the bond by failing to pay promptly for labor and material used or required for use in the performance of the contract. The plaintiff alleges it is owed $77,094 under the terms of the subsubcontract. Pursuant to General Statutes §
The plaintiff seeks payments and damages from Tougher, alleging that Tougher is liable on the following theories: the obligation on the bond pursuant to §
"General Statutes (Rev. to 1983) §§
"Section
The United States Courts of Appeals for the Second, Fifth, Ninth and Tenth Circuits have considered the issue of whether the federal Miller Act provides a plaintiff with an exclusive remedy, and these Courts of Appeals have concluded that it does not. See United States v. Reid GaryStrickland Co.,
The issue of whether §
It is the opinion of this court that §
"Every contract carries an implied covenant of good faith and fair dealing requiring that neither party do anything that will injure the right of the other to receive the benefits of the agreement." Habetz v.Condon,
A mere conclusory allegation of bad faith "unsupported by any factual allegations, is insufficient to sustain a claim of bad faith." Waugh v.Nationwide Mutual Ins. Co., Superior Court, judicial district of New Haven at Meriden, Docket No. 244326 (January 5, 1996, Silbert, J.); see also Puglio v. National Grange Mutual Ins. Co., Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 303610 (October 12, 1993, Maiocco, J.). "Thus, a claim for breach of the implied covenant of good faith and fair dealing is not legally sufficient unless a dishonest purpose or sinister motive is alleged." Pine Creek Partners v. Seaman, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 364880 (December 20, 2000, Skolnick J.); see also Cornerstone Bank v. OakStreet Center, Inc., Superior Court, judicial district of Stamford-Norwalk at Stamford, Docket No. 169832 (January 8, 2001,Hickey, J.); Siebe Environmental v. Johnson-Goodyear, Inc., Superior Court, judicial district of Hartford, Docket No. 585061 (October 6, 2000, Hale, J.); Amity Regional School v. The Atlas Construction Co., Superior Court, judicial district of Waterbury, Docket No. 153388 (August 15, 2000, McWeeny, J.).
The plaintiff has alleged that both of the defendants wrongfully withheld monies from the plaintiff; (Complaint, ¶ 16); and violated the little Miller Act; (Complaint, ¶¶ 11-17); that Tougher compelled the plaintiff to initiate litigation; (Complaint, ¶ 27); and that Wausau failed to conduct a good faith investigation in connection with the plaintiff's claim under the bond, thereby causing the plaintiff to initiate litigation. (Complaint, ¶¶ 31-32.) Wausau argues that the plaintiff was paid for its materials when it was a subcontractor. (Complaint, Exhibit D.) Wausau further argues that Accurate was terminated and another contractor finished the work that Accurate failed to complete on its subcontract. (Complaint, Exhibit D.) CT Page 8008
It is the opinion of the court that the plaintiff has merely concluded that the defendants acted in bad faith and has not alleged sufficient facts to support a claim of breach of the implied covenant of good faith and fair dealing. See Waugh v. Nationwide Mutual Ins. Co., supra, Superior Court, Docket No. 244326. Because the plaintiff has failed to allege that the defendants acted with an improper motive or purpose, the defendants' motion to strike counts three and four of the plaintiff's complaint is granted.
"It is well settled that in determining whether [an act or] practice violates CUTPA we have adopted the criteria set out in the cigarette rule by the federal trade commission for determining when [an act or] practice is unfair: (1) [W]hether the practice, without necessarily having been previously considered unlawful, offends public policy as it has been established by statutes, the common law, or otherwise — whether, in other words, it is within at least the penumbra of some common law, statutory, or other established concept of unfairness; (2) whether it is immoral, unethical, oppressive, or unscrupulous; (3) whether it causes substantial injury to consumers [competitors or other businessmen]." (Internal quotation marks omitted.) Saturn Construction Co. v. PremierRoofing Co., supra,
"The Connecticut supreme court has determined that statutory violations, other than violations of CUIPA, may give rise to a CUTPA cause of action." Blakeslee Arpaia Chapman, Inc. v. United StatesFidelity Guaranty Co., supra, Superior Court, Docket No. 520348. "In enacting CUTPA, the legislature intended to create an expansive CT Page 8009 act. . . . To that end, the legislature expressly provided that `[i]t is the intention of the legislature that this chapter be remedial and be so construed.'" (Citation omitted.) Web Press Services Corp. v.New London Motors, Inc.,
In Blakeslee Arpaia Chapman, Inc. v. United States Fidelity GuarantyCo., supra, Superior Court, Docket No. 520348, the court addressed the issue of whether a CUTPA action is maintainable with a §
In light of the liberal construction afforded the CUTPA statute, the court finds that a violation of [§]
HALE, JTR