Lamendola Sues Over Cole Construction

After more than a year of threatening to do so, Chris Lamendola has filed a lawsuit against the town and the school department because, he contends, his house on Sarah's Trace was damaged as a result of the construction at Cole Middle School.

The lawsuit was filed by Lamendola, his wife Susan and their next door neighbors Thomas Hogan and Cynthia Peloso. They brought the suit against the town, the school department, Gilbane Construction and Strategic Building Solutions, among other parties.

The Lamendolas and the Hogans live on Sarah's Trace, behind the new Cole building.

In the filing, they contend that, "while site work and construction were proceeding at the Project, the Lamendolas and the Hogans, as well as other neighbors in the surrounding area, began to experience severe vibrations, shaking and rattling of windows and other fixtures and personal property in their respective homes."

As a result of the shaking, according to the lawsuit, the house foundation "and virtually every room in the house" experienced damage.

The lawsuit contends that the school department neglected to alter the way the work was being done after becoming aware of the damage it had caused to the Lamendola's and the Hogan's homes. 

The Lamendolas and the Hogans are seeking damages in the amount "that represents the reasonable cost to repair [their] property plus the difference between the reasonable market value of their homes without the damage less the reasonable market value of their property after all reasonable and necessary repairs have been made."

Their attorney, David Maglio, said he did not yet know the value of the damage because, in part, he is not convinced the damage won't continue to worsen as the project is still ongoing.

"Ultimately, that is something that a judge or a jury is is going to have to decide," he said. In the meantime, he said he is keeping open the lines of communication with the defendants in case they can reach a settlement.

"We have been trying for quite some time to see if we can work this out," he said.

Superintendent Victor Mercurio declined to comment because of the litigation.