Centerplan Construction, the developer at the center of a legal dispute over Dunkin’ Donuts Park, has filed an amended complaint against the city and is seeking to add a prominent developer as an additional defendant.
Centerplan is asking the court for permission to cite RMS DoNo I LLC – controlled by Randy Salvatore, founder and CEO of RMS Companies – as a defendant. RMS has built 270 apartment units on property next to the stadium that it leases from the city.
RMS is also planning to build 550 apartments and a 530-space garage built on a vacant 5-acre lot at 1139 Main St.
In the amended complaint, filed Wednesday, Centerplan seeks a declaratory judgment stating that its termination was wrongful and unjustified, and that it retains the right to develop the parcels.
Also, Centerplan is seeking a court order prohibiting the city from permitting any further development by RMS or another entity.
The amended complaint, filed Wednesday in Hartford Superior Court, follows a decision last month by the state Supreme Court ordering a new trial. In a 5-0 decision, the high court overturned the trial court’s ruling that the parties’ contracts “did not unambiguously grant the plaintiffs legal control of the architect and the stadium’s design across all relevant time periods.”
According to the complaint, the city hired Centerplan in 2015 to develop the ballpark for $56 million, along with four parcels around it. The following year, the city terminated Centerplan and Dono Hartford LLC — both controlled by Robert Landino — saying they were at fault for stadium-construction delays.
Centerplan sued the city for wrongful termination and breach of contract, claiming it was owed $6 million by the city.
According to the amended complaint, Centerplan and its affiliates were “at all relevant times … ready, willing and able to develop the parcels … to include commercial, manufacturing, retail, office and residential improvements.”
The complaint accuses the city of going on a “rampage” against Centerplan and “devis[ing] a secret and sinister plan to escape its obligations” by contacting Centerplan’s bonding company, Arch Insurance Co., and claiming Centerplan was in default of its contractual obligations.
“The City resolved its dilemma by falsely accusing Centerplan of a default and wrongly terminating DoNo and Centerplan,” the suit says.
Also, the suit blames the city for failing to provide contractually required notice of default and says the city did not give Centerplan an opportunity to cure alleged deficiencies.
After Centerplan’s termination, the city issued an RFP for a new developer to build the stadium and to develop four surrounding parcels. It ultimately selected RMS as the developer.
Hartford Corporation Counsel Howard Rifkin said the complaint was the expected next step after the Supreme Court sent the case back to the trial court.
“The city remains confident that, at the end of the day, the result will be the same as it was the first time – a jury verdict in favor of the city,” Rifkin said. “As for Centerplan’s irresponsible effort to stop the development of the parcels adjacent to the stadium, which was already decided in both Superior Court and Appellate Court, we will be filing a motion to dismiss as quickly as possible.”
In 2019, after the order allowing the city to move forward with the development came out, Centerplan filed a motion with the State Appellate Court and lost. The city said the order allowing it to move forward with development on the parcels surrounding Dunkin’ Donuts Park remains in effect.
Salvatore said his attorneys are reviewing the matter.
