Can it be??
PS. more to come ;)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
WALDRON ENGINEERING AND
CONSTRUCTION, INC.,
Plaintiff,
v.
LAIDLAW BERLIN BIOPOWER, LLC,
Defendant.
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CIVIL ACTION NO. 10-CV-00130
COMPLAINT AND DEMAND FOR JURY TRIAL
Preliminary Statement
This matter arises out of the design of a biomass energy power station in Berlin, New Hampshire (the “Project”). The Project is being developed by the defendant, Laidlaw Berlin Biopower, LLC (“Laidlaw”). On or about July 17, 2007, the plaintiff, Waldron Engineering & Construction, Inc. (“Waldron”) entered into a written agreement with Laidlaw (“Agreement”) to perform engineering services for the Project. A copy of the Parties’ July 17, 2007 Agreement is annexed hereto as Exhibit A. In accordance with its obligations under the Agreement, Waldron performed a significant amount of engineering work for Laidlaw over a period of 2-1/2 years. During that time, Laidlaw accepted the benefit of Waldron’s services and used Waldron’s work product to acquire land, apply for Project permits and obtain Project development financing. At no time did Laidlaw ever complain about Waldron’s services. Nevertheless, in or about February 2010, Laidlaw advised Waldron in writing that the Parties’ Agreement was “never formed” and that in its view; the matter was “closed”.
