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Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
ER
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION No.
GROMACORP, INC.,
Plaintiff,
vs.
D’ALLESSANDRO CORP.; JON
D’ALLESSANDRO; JULIA
D’ALLESSANDRO,
TIMOTHY PARLATO, and
BOSTON WATER & SEWER
COMMISSION,
Defendants.
COMPLAINT FOR DAMAGES AND
FOR DECLARATORY AND INJUNCTIVE RELIEF
I. PARTIES
Plaintiff GromaCorp, Inc., is a duly organized corporation under the laws of the
State of Delaware, and registered in the Commonwealth of Massachusetts as a
Foreign Entity, with a principal place of business located at 31 New Chardon
Street, Boston, Suffolk County, Massachusetts, 02114.
Defendant D’ Allessandro Corp., is a corporation duly incorporated under the laws
of the Commonwealth of Massachusetts, with principal places of business located
at 254 Pleasant Street, West Bridgewater, Massachusetts, 02379 [hereinafter
referred to as the “Company”]. The Registered Agent for Service of Process for
the Company is Jon D’Allessandro, located at 254 Pleasant Street, West
Bridgewater, Massachusetts, 02379.
Defendant Jon D’Allessandro is an individual who, upon information and belief
owns a controlling interest in, or otherwise manages, Defendant D’Allessandro
Corp., and who resides at 41 Ledin Drive, Avon, Massachusetts 02322.
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Docket Number
Defendant Julia D’ Allessandro is an individual who, upon information and belief,
is Defendant D’Allessandro’s business and safety manager, and who resides at 51
Pine Circle, South Weymouth, Massachusetts 02190.
Defendant Timothy E. Parlato is an individual who, upon information and belief,
is Defendant D’Allessandro’s Project manager, and who resides at 3 Jackson Dr,
South Walpole, MA 02071. The above four Defendants are referred to
collectively as “Defendants D’ Allesandro.
Defendant Boston Water & Sewer Commission [“BWSC”], located at 980
Harrison Avenue, Boston, MA 02119, contracted with Defendant D’ Allessandro
for the above Project, see Paragraph 10, infra. BWSC was created by the
Massachusetts Legislature in 1977, replacing separate water and sewer divisions
of the city’s Public Works Department. BWSC is overseen by a three-member
Board of Commissioners that is appointed by the Mayor with the approval of the
City Council. The three present commissioners are Michael J. Woodall, Chris
Cook, and Armindo Concalves.
Il. FACTS APPLICABLE TO ALL COUNTS
Plaintiff GromaCorp, Inc., is the sole tenant of the building located at 31 New
Chardon Street, Boston, Massachusetts [hereinafter “the Property”]. It is owned
by an entity controlled by Seth Priebatsch, President of GromaCorp, Inc.
The Groma teams use technology to rehabilitate “triple deckers” and bring them
to modern environmental and living standards, while keeping rents in the 80-
120% AMI range and creating ownership opportunities for renters. As part of
their work, Groma routinely answer emergency calls from their tenants, to which
they respond promptly, as each situation may demand. They do this work
throughout Greater Boston, based out of their offices at 31 New Chardon Street.
Many materials are stored, and accessed, from the Property. Loss of power to the
Property, as was caused by Defendant D’Allessandro just recently, would inhibit
Groma’s ability to service its residents and may put residents at risk if a serious
issue required immediate rectification. Groma is well suited to this task, so long
as its primary building and warehouse are not surprisingly knocked out of
commission.
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10. Defendant D’ Allessandro executed a contract to install two new water mains
and a section of sewer on Bowker St., Hawkins St., New Sudbury St., &
New Chardon St. (Hereinafter “the Project”).
11 Construction on the Project is ongoing.
12, Since the inception of Defendants’ work, several instances of faulty and
negligent workmanship have caused significant damage to the Property and has
caused four evacuations, three because of flooding through and near electrical
conduits and rooms, and the other, from a significant gas leak around the
Property, emanating from the worksite.
13 Defendants’ carelessness represents significant and immediate harm to persons
and property.
14. Defendants consistently have been evasive, non-responsive, and even perhaps
dishonest in their responses to Plaintiff's genuine concerns.
A. Flooding of Property - 13 June 2024
15 On 13 June 2024, Defendants’ actions and/or omissions caused the Property’s
electrical room to flood. The water came in through an electrical conduit running
through the Project that Defendants damaged. The water coming in through the
hole created a giant pool, which fills with water, which then goes through the
conduit Defendants’ damaged into the Property.
B. Flooding of Property - 29 May 2024
16 A recent flooding incident occurred Wednesday night, 29 May 2024, in which
Defendant D’ Allessandro informed Plaintiff that it had inadvertently breached a
gas line, came on to the Property, declared it safe, only to discover later that
Defendant D’ Allessandro had breached an electrical line, shutting off power to
the Property, and leaving an exposed conduit leading from the hole their team
dug, directly into the Property’s electrical room.
17 This not only disrupted power, but created a direct spout of water from the hole
that was dug, which later flowed into and the Property’s basement.
18 Significant damage to property was caused, as well as causing an evacuation, for
health and safety reasons, of the personnel at the Property.
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Superior Court - Suffolk
Docket Number
C. Gas Leak forcing Evacuation
19. On Monday, 5 June 2024, a strong smell of gas was observed in and around the
Property, which was caused, Plaintiff is informed and believes, by Defendants’
failure to follow safe procedures, causing an immediate evacuation of the
Property, and a call to National Grid.
20. National Grid was prompt in replying, cleared the building further, and confirmed
that there was a gas leak in the area, which was then being rectified.
D. Basement Leak #1 - May 8, 2024
21 On or about 8 May 2024, during Defendants’ construction, the IT closet
connected to the Property’s basement conference room flooded. This never has
happened before and was self-evidently connected to enhanced digging from
Defendants.
22 The night prior (May 7th), the crew was scheduled to come onsite and connect
Groma’s water supply to the temporary bypass. Ms. Hannah Crotty gave Don
Csizmesia of D’Allessandro an access card and he was aware of the room in
which he would need to connect the pipe. Defendants claimed they were unable
to access the building, but did not report issues to anyone on Plaintiff's team who
could have let them in remotely. They only reported to Ms. Crotty that they were
unable to complete the switchover when she was called by Timothy Parlato after
she informed them of the leak. Damage to the property and Groma’s business
resulted.
E. Basement Leak #2 - Thursday, May 30th, 2024
23 On Thursday, 30 May 2024, water intrusion and flooding of the Property clearly
arose from the electric conduit that Defendants’ workmen cut. Significant
damage resulted from a veritable fountain that was created from the water-filled
hole dug by D’Allesandro’s team directly into the Property.
24. One of Defendant D’Allessandro’s employees falsely asserted that the Property’s
foundation. Instead, it was obvious that an electrical conduit pipe was sliced open
by D’Allessandro’s team, left open, resulting in a direct pipeline for water to
flood the Property.
25 Groma’s building’s foundation never has leaked.
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Date Filed 6/24/2024 10:57 AM
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Docket Number
F. Electrical Cut - Thursday, May 30th, 2024
26. On 30 May 2024, power to the Property was disconnected without warning,
notice, or alert because a D’Allesandro team sliced the conduit carrying the
electrical supply line on Thursday May 30", 2024.
27 The D’Allessandro team cut the electrical line within their work area, slicing open
an electrical conduit.
28 Damages include work disruption; loss of use of the Property; needing to procure
an alternate source of power; and additional costs incurred by Groma Team,
including an emergency scrambling of a wide array of vendors to solve the
problems created, disrupted investor meetings with major potential investors, with
significant loss of potential business.
29. All of the contacts that D’Allessandro provided to Plaintiff failed to respond to
many urgent calls.
30. When someone finally did respond, the person they sent to investigate the issue
(an active flood and a cut electrical wire, with the electricity flowing right into a
flooded room) was Defendant Julia D’Allessandro, with a <6 month old baby in
hand. Thus, D’Allessandro placed an infant at risk in a dangerous situation,
which is deeply disturbing and unfair to all involved.
31 Plaintiff of course suggested that the person leave, drop their baby off in a safe
situation, then return. Defendant Julia D’Allessanfro refused that advice and
proceeded to enter the building and engage in a ~30 minute discussion with the
Groma team. Everyone was fine, thankfully, but the dangerous disregard for
safety of all involved was appalling.
G. Sustained Yellow Water
32 The water to the building has been a disgusting shade of yellow for weeks during
construction of the Project, not before.
33 D’Allessandro team’s claim that this is “normal” and “sediment being shaken
loose” was unpersuasive.
34, Plaintiff is informed and believes that the water is neither potable nor safe for
drinking, or safe for skin exposure, and we have no evidence to the contrary from
Defendants to show otherwise.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
H. Digging into Foundation - Thursday, Apr 11, 2024
35 A D’Allessandro team was observed drilling into/around the sidewalk in front of
the Property, threatening to damage the foundation of the Property, purportedly in
order to clear out the area around the Property’s water main connection in
preparation for the bypass installation.
36. The D’Allessandro team was asked to use more caution, and as a result merely
2x4s were placed around Groma’s property line. Ms. Emma Hastings and Ms.
Hannah Crotty from Groma’s People and Property Operations Team called and
talked to Tim Parlato, the Assistant Project Manager, to clarify/confirm that these
precautions were taken.
I. Defacement of Front Bricks
37 A D’Allessandro team negligently poured tar onto the bricks of the Property.
J. Unsafe Work Practices
38 Plaintiff has witnessed numerous examples of dangerous and unsafe work
practices from Defendant D’Allessandro’s team.
39. One example includes a workman teeter-tottering across a 2x4 stretched across a
12-foot-tall dumpster while throwing heavy metal objects in and out.
Another, more serious example, occurred on 20 June 2024, in which a
D’Allessandro employee threw a lit cigarette onto a break in the steel panels
overlying the area where a gas leak had occurred recently. A video of the lit
cigarette straddling the break in the steel plates exists.
K. Electrical Room Flooding on June 20th
40. Yet again, on June 20", a light rain enabled water to flow into the broken
electrical conduit, damaged by Defendant D’Allessandro’s faulty work, and into
the Property’s electrical room. Fast action by the Groma team on-site at night
averted yet another emergency. When storms hit, Groma residents are more likely
to need support, so losing electricity at the Property during those times, is
especially dangerous.
41 Plaintiff is informed and believes that jurisdiction over the inspection of the Site
is with the Boston Water & Sewer Commission.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
42 By letters dated 31 May and 5 June 2024, Plaintiff alerted the BWSC and the City
of Boston of the unsafe practices of Defendant D’Allessandro, seeking an
inspection and oversight of Defendant D’Allessandro’s practices. True and
correct copies of said letters are attached hereto as Exhibits A and B, respectively.
43 On 21 June 2024, upon my telephone call to the BWSC legal department, I was
informed that an inspection, including OSHA, was conducted sometime after one
or both of my letters attached hereto.
44 Presumably, after such inspection, the incidents described in paragraphs 39 and
40, above, occurred, showing Defendants D’Allessandro reckless disregard for the
oversight of the BWSC and any inspection, and/or the failure of the BWSC to
promptly discover and/or enforce any observations of faulty and dangerous
workmanship.
CLAIMS
COUNT I - NEGLIGENCE AND/OR RECKLESSNESS
45 Plaintiff incorporates the allegations set forth in the previous paragraphs, as if
fully set forth here.
46. Count | is alleged against Defendants D’Allessandro.
47 Defendants owe a duty to all adjacent landowners to execute its construction
project in accordance with all health, safety, and building codes, and in
conformity with good and safe building practices, such that Defendants’ work
does not affect adversely the health or safety of adjacent property and the persons
who live or work on said adjacent property..
48, Defendants have breached their duties towards the adjacent property owners and
its inhabitants.
49. As a direct and proximate result of Defendants’ breaches of their duties set forth
herein, Plaintiff has been injured in amounts to be proven at trial, of not less than
$200,000.
COUNT II - MISREPRESENTATION AND FRAUD
50. Plaintiff incorporates the allegations set forth in the previous paragraphs, as if
fully set forth here.
51 Count II is alleged against Defendants D’ Allessandro.
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Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
52 Defendants made numerous and multiple misrepresentations to Plaintiff that they
will follow safe construction practices that will not impact adversely the Property,
with the intent that Plaintiff would rely on their misrepresentations, and not seek
self-help.
53 Plaintiff reasonably did rely on Defendants D’Allessandro’s misrepresentations.
54, As a direct and proximate cause of Defendants D’Allessandro’s
misrepresentations, Plaintiff has been damaged in an amount of approximately
$200,000.00, the exact amount to be proven at trial.
COUNT III - DECLARATORY RELIEF
55 Plaintiff incorporates the allegations set forth in the previous paragraphs, as if
fully set forth here.
56. Count III is alleged against all Defendants D’Allessandro.
57 Plaintiff seeks a Declaration of the Court that Defendants D’Allessandro have
violated applicable health, safety, and building codes in their execution of the
Project.
COUNT IV - INJUNCTIVE RELIEF
58 Plaintiff incorporates the allegations set forth in the previous paragraphs, as if
fully set forth here.
59. Count IV is alleged against Defendants D’Allessandro and the BWSC.
60. Plaintiff seeks an Injunction from the Court restraining Defendants D’ Allessandro
from further work on the Project without immediate and constant supervision by
the applicable government inspector, and an injunction restraining D’Allessandro
from failing to take immediate steps to secure Plaintiffs building from any further
incursions of water from the Project site, or any further adverse effects of the
Project. In the alternative, Plaintiff seeks an injuction preventing Defendant
D’Allessandro from completing the Project and the substitution of an contractor
fully qualified and experienced to complete the Project in a safe manner, in
compliance with all health, safety, and building codes.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
PRAYER FOR RELIEF
Plaintiff respectfully requests the following relief:
1 An Order Declaring that Defendants D’Allessandro have violated
applicable health, safety, and building construction codes;
A Temporary Restraining Order or Preliminary Injunction restraining
Defendants D’Allessandro from further work on the Project without
immediate supervision by the applicable City of Boston inspector, and an
injunction restraining Defendants D’Allessandro and Defendant BWSC
from failing to take immediate steps to secure Plaintiffs building from
any further incursions of water from the Project site, or any further
adverse effects of the Project. In the alternative, Plaintiff seeks an
injunction against the BWSC from terminating Defendant D’ Allessandro
and or from preventing Defendants D’Allessandro from completing the
Project and the substitution of a contractor fully qualified and experienced
to complete the Project in a safe manner, in compliance with all health,
safety, and building codes.
An award of damages against Defendants D’Allessandro, jointly and
severally, in favor of Plaintiff in the amount of at least $200,000.00 for
their negligent and reckless disregard for safe construction practices which
have caused such damages to Plaintiff and threatened the personal safety
of Plaintiff's employees and tenants;
An award against Defendants D’Allesandro in favor of Plaintiff for
punitive damages in an amount sufficient to deter such action in the future.
Any other orders and relief that the Court deems equitable and just.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS SO TRIABLE.
Respectfully submitted,
GromaCorp. Inc.,
By its attorney,
ee
Thomas F. Feeney (BBO# 645605)
FEENEY & ASSOCIATES AT LAW
11 R South Street, 1st Floor
Rockport, Massachusetts 01966
Mobile: (617) 510-2750
DATED: 21 June 2024 Office: (978) 309-8337
E’Mail: Thomas@FeeneyatLaw.com
10
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Superior Court - Suffolk
Docket Number
EXHIBIT A
ll
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
Feeney& Associates at Law .
Thomas F. Feeney Counsellor at Law
11R South Street, 1* Floor, Rockport, Massachusetts 01966
Office: (978) 309-8337 | Mobile: (617) 510-2750 | E-Mail: Thomas@FeeneyatLaw.com
31 May 2024
Jon B. D’Allessandro - President
D’Allessandro Corp.
254 Pleasant Street West
Bridgewater, Massachusetts 02379, and
Facsimile Transmission: 508.559.6432
RE: GromaCorp, Inc.
31 New Chardon Street, Boston, Massachusetts 02114
D’Allessandro Corp installation of two new water mains and a section of
sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St.
Dear Mr. D’Allessandro,
My office represents GromaCorp, Inc., the owner of the building located at 31 New Chardon
Street, Boston, Massachusetts [hereinafter “the Property”]. Groma is a shining example of
innovation and entrepreneurship in Boston. They use technology to rehabilitate dilapidated
“triple deckers” and bring them to modern environmental and living standards, while keeping
rents in the 80-120% AMI range and creating ownership opportunities for renters. They do this
work all throughout Greater Boston, based out of their offices at 31 New Chardon Street.
Your company has been working on the utilities in the adjacent area. We appreciate your efforts
on this important work for the City’s infrastructure. Since the inception of your work, however,
there have been several instances of faulty and negligent workmanship which has caused
significant damage to the Property. The latest occurred Wednesday night sometime, in which
your company initially informed my client that they had inadvertently breached a gas line, came
on to my client’s property, declared it safe, only to discover later that your company had
breached an electrical line, shutting off power to the Property, and leaving an exposed conduit
leading from the hole your team dug, directly into my client’s electrical room. This not only
disrupted power, but created a direct spout of water from the hole you dug, which later flowed
into and flooded my client’s basement. This has caused significant damage to my client’s
business and business interests, which damage must be addressed by you and your insurer.
We are further distressed and offended by your callous attempts to blame others for the damages
so self-evidently caused by your careless workmanship.
The damages since this project commenced have been:
1. Basement Leak #1 - May 8, 2024
The IT closet connected to my client’s basement conference room flooded. This never has
happened before and was self-evidently connected to enhanced digging from the D’Allesandro
Team. The night prior (May 7th), the crew was scheduled to come onsite and connect our water
supply to the temporary bypass. Ms. Hannah Crotty gave Don Csizmesia an access card and he
was aware of the room in which he would need to connect the pipe. They claimed they were
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
Jon B. D’Allessandro
31 May 2024
Page 2
unable to access the building, but did not report issues to anyone on our team who could have let
them in remotely. They only reported to Ms. Crotty that they were unable to complete the
switchover when she was called by Timothy Parlato after she informed them of the leak. The
related damage costs for this incident include: Mr. Chris White’s time onsite, rental of two air
movers; purchase of additional sump pump; projector screen full of water; time spent by the
Groma Team on resolving the issue; lost use of the conference room for the full day
2. Basement Leak #2 - Thursday, May 30th, 2024
On Thursday May 30th, water intrusion and flooding of Groma’s Property clearly was connected
to the electric conduit that D’Allessandro workmen cut. Significant damage resulted from a
veritable fountain that was created from the water-filled hole dug by your team directly into my
clients property. An assertion made by your team member that perhaps the foundation was leaky
is absurd, and offensive, when an electrical conduit pipe was sliced open by your team, left open,
resulting in a direct pipeline for water to flood Groma’s building. Groma’s building’s foundation
never has leaked.
3. Electrical Cut - Thursday, May 30th, 2024
Power to my client’s building was disconnected without warning, notice, or alert because a
D’Allesandro team sliced the conduit carrying the electrical supply line on Thursday May 30",
2024. The D’Allessandro team cut the electrical line within their work area, slicing open an
electrical conduit. Damages include work disruption, loss of use of the Property, procuring an
alternate source of power, and additional costs incurred by Groma Team; an emergency
scrambling of a wide array of vendors to solve problems created, disrupted investor meetings
with major potential investors, significant loss of potential business; Cancellation of Happy
Hour Event,sustained late night security and workplace monitoring; Food spoilage; and
rescheduled tenant services.
4, Sustained Yellow Water
The water to the building has been a disgusting shade of yellow for weeks now. Your teams
claim that this is “normal” and and “sediment being shaken loose” are underwhelming. The
occupants of our property do not believe the water is potable or safe for drinking, or safe for skin
exposure, and we have no evidence to the contrary from you to show them. We have heard no
complaints from neighboring buildings and given the shoddiness of your workmanship on other
elements of this project, we think you have broken something and are not admitting it.
5. Digging into Foundation - Thursday, Apr 11, 2024
A D’Allessandro team was observed drilling into/around the sidewalk in front of our building,
threatening to damage the foundation of Groma’s building, to clear out the area around our water
main connection in preparation for the bypass installation. The D’Allessandro team was asked to
use more caution, and as a result 2X4s were placed around Groma’s property line. Ms. Emma
Hastings and Ms. Hannah Crotty from Groma’s People and Property Operations Team called and
talked to Tim Parlato, the Assistant Project Manager, to clarify/confirm that these precautions
were taken.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
Jon B. D’Allessandro
31 May 2024
Page 3
6. Defacement of Front Bricks
A D’Allessandro team negligently poured tar onto the bricks of Groma’s building. This will need
to be repaired.
7. Unsafe Work Practices
We have seen numerous examples of dangerous and unsafe work practices from your team. One
extreme example includes a workman teeter-tottering across a 2x4 stretched across a 12-foot-tall
dumpster while throwing in and out heavy metal objects. We are shocked at the dangerous
practices we have observed on your worksite and while this has not directly caused damage to us
it exposes the carelessness with which you are apparently doing work on behalf of our city
government.
We have photo evidence of all of the above, much of which has already been shared with your
team.
The most recent incident caused a complete disruption of normal workday activity at significant
cost to company both in terms of performance and excess costs. My client had to reschedule
investor meetings, as well as work orders for residents. The damages presently amount to
approximately $100,000.00 and are likely to grow as further issues are discovered from the
disruption your team carelessly has created, and may create further.
This letter is a courtesy to you, prior to a formal lawsuit, to demand that you do the following 1)
cover all out-of-pocket costs, repairs, and damages caused by your team immediately; 2)
reimburse Groma for costs related to loss of productivity for the entire day shutdown; 3) fix any
further damages that arise; and 4) ensure that your crews act in a more professionally safe
manner. To the extent that you believe others are responsible (as some of your people have
sought to blame others, including Eversource), then you may have a third party claim against
whoever else is at fault. The fact remains that all of the issues set forth in this letter only
occurred after your crews commenced work on the affected electrical, water, and/or gas lines.
Please provide immediately the name and contact information for your insurer on this project, so
that we may negotiate with them directly. We have copied your insurance agent with this letter.
If you choose not to negotiate a solution, or otherwise frivolously seek to avoid responsibility, a
Complaint will be filed in the appropriate Boston Court for a resolution. Blaming others will not
avail you of an excuse, as you have sought to do, so far.
To ensure some oversight, I am copying this letter to the City of Boston’s Water & Sewer
Commission, and the Mayor’s office. In as much as the BWSC is overseen by a three-member
Board of Commissioners appointed by the Mayor with the approval of the City Council, we will
seek to inform them, as well, if we are unable to resolve this matter informally.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
Jon B. D’Allessandro
31 May 2024
Page 4
Please have your insurance representative or attorney contact my office as soon as possible to
resolve these matters. Please maintain a safe worksite, with no further disruptions in our
electrical or clean water supply.
Very truly yours,
hee a
Thomas F. Feeney
ce. Boston Water & Sewer Commission
980 Harrison Avenue
Boston, MA 02119
Fax: 617-989-7716
engcust@bwsc.org
Tonry Insurance Group, Inc.
150 Grossman Drive, Suite 200
Braintree MA 02184
erts@tonry.com
Office of Mayor Michelle Wu of the City of Boston
1 City Hall Square, Suite 500
Boston, MA 02201-2013
311@boston.gov
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
EXHIBIT B
12
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Docket Number
Feeney& Associates at Law .
Thomas F. Feeney Counsellor at Law
11 R South Street, 1* Floor, Rockport, Massachusetts 01966
Office: (978) 309-8337 | Mobile: (617) 510-2750 | E-Mail: Thomas@FeeneyatLaw.com
5 June 2024
VIA ELECTRONIC TRANSMISSION ONLY
Inspectional Services Department
1010 Massachusetts Avenue, 5th Floor
Boston, Massachusetts 02118
Attn: William Foley, Plumbing and Gas Inspector
E’Mail: William.Foley@Boston.gov
Department of Public Works
1 City Hall Square, Room 710
Boston, Massachusetts 02201-2024
E’Mail: PWDEngineering@boston.gov
Occupational Safety & Health Administration
639 Granite Street, Floor 1
Braintree, MA 02184
Fax: (617) 565-6923
Boston Water & Sewer Commission
980 Harrison Avenue
Boston, MA 02119
Fax: 617-989-7716
engcust@bwsc.org
RE: GromaCorp, Inc.
31 New Chardon Street, Boston, Massachusetts 02114
D’Allessandro Corp installation of two new water mains and a section of
sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St.
Dear Inspectional Svcs. Dept, D.P.W., OSHA, and Boston Water & Sewer Comm.,
This letter is an urgent request for an immediate inspection of a project site to avert what well
may be imminent harm to persons and/or property.
My office represents GromaCorp, Inc., the owner of the building located at 31 New Chardon
Street, Boston, Massachusetts [hereinafter “the Property”]. Groma is a shining example of
innovation and entrepreneurship in Boston. The Groma teams use technology to rehabilitate
dilapidated “triple deckers” and bring them to modern environmental and living standards, while
keeping rents in the 80-120% AMI range and creating ownership opportunities for renters. They
do this work throughout Greater Boston, based out of their offices at 31 New Chardon Street.
As you may be aware, D’Allessandro Corp executed a contract to install two new water mains
and a section of sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St.
Construction is ongoing. Groma appreciates BWSC’s efforts on this important work for the
City’s infrastructure.
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
ISD; DPW; BWSC; and OSHA
5 June 2024
Page 2
Since the inception of D’Allessandro’s work, however, several instances of faulty and negligent
workmanship have caused significant damage to the Property and has caused two evacuations,
one because of flooding waters and the other, just the other day, from a significant gas leak
around the Property, emanating from the worksite. D’Allessandro’s carelessness represents
significant and immediate harm to persons and property, and we insist upon an immediate
investigation. We would also request that work be halted until they can demonstrate to the
satisfaction of a qualified examiner that they are competent to be doing such work safely for all
involved.
D'Allessandro consistently has been evasive, non-responsive, and even perhaps dishonest in their
responses to my client’s genuine concerns. In our opinion, this is a company cutting corners and
endangering all involved, not to mention adding huge additional costs to the utility companies
for their consistent damage to public utilities and damage to our business. Thankfully, no harm
to Groma’s people has occurred, though we are very concerned about that possibility. We
already have initiated a demand against D’Allessandro for them to comply with all safe
construction standards, as well as for damages, but their mistakes continue, and puts us all at
risk.
The most recent flooding incident occurred Wednesday night sometime, 29 May 2024, in which
D’Allessandro Corp. informed my client that they had inadvertently breached a gas line, came on
to my client’s property, declared it safe, only to discover later that D’Allessandro had breached
an electrical line, shutting off power to the Property, and leaving an exposed conduit leading
from the hole their team dug, directly into my client’s electrical room. This not only disrupted
power, but created a direct spout of water from the hole that was dug, which later flowed into
and flooded my client’s basement. As one would expect, significant damage to property was
caused, as well as causing an evacuation, for health and safety reasons of the personnel at the
Property.
If it was an isolated incident about which we were concerned, you would not be receiving this
letter.
Just on Monday, 5 June 2024, a strong smell of gas was observed in and around the Property,
causing an immediate evacuation of the Property, and a call to National Grid. National Grid was
prompt in replying, cleared the building further, and confirmed that there was a gas leak in the
area, which was then being rectified.
Further obviously faulty construction practices have caused other damages since this project
commenced have been:
1. Basement Leak #1 - May 8, 2024
The IT closet connected to my client’s basement conference room flooded. This never has
happened before and was self-evidently connected to enhanced digging from the D’Allesandro
Team. The night prior (May 7th), the crew was scheduled to come onsite and connect Groma’s
water supply to the temporary bypass. Ms. Hannah Crotty gave Don Csizmesia of
D’Allessandro an access card and he was aware of the room in which he would need to connect
Date Filed 6/24/2024 10:57 AM
Superior Court - Suffolk
Docket Number
ISD; DPW; BWSC; and OSHA
5 June 2024
Page 3
the pipe. They claimed they were unable to access the building, but did not report issues to
anyone on our team who could have let them in remotely. They only reported to Ms. Crotty that
they were unable to complete the switchover when she was called by Timothy Parlato after
she informed them of the leak. Damage to the property and Groma’s business resulted.
2. Basement Leak #2 - Thursday, May 30th, 2024
On Thursday, 30 May, water intrusion and flooding of Groma’s Property clearly arose from the
electric conduit that D’Allessandro workmen cut. Significant damage resulted from a veritable
fountain that was created from the water-filled hole dug by D’Allesandro’s team directly into my
clients property. An assertion made by D’Allessandro’s team member that perhaps the
foundation was leaky is absurd and offensive; an electrical conduit pipe was sliced open by
D’Allessandro’s team, left open, resulting in a direct pipeline for water to flood Groma’s
building. Groma’s building’s foundation never has leaked.
3. Electrical Cut - Thursday, May 30th, 2024
Power to my client’s building was disconnected without warning, notice, or alert because a
D’Allesandro team sliced the conduit carrying the electrical supply line on Thursday May 30°,
2024. The D’Allessandro team cut the electrical line within their work area, slicing open an
electrical conduit. Damages include work disruption; loss of use of the Property; needing to
procure an alternate source of power; and additional costs incurred by Groma Team, including an
emergency scrambling of a wide array of vendors to solve the problems created, disrupted
investor meetings with major potential investors, with significant loss of potential business.
All of the contacts that D’Allessandro provided to Groma failed to respond to many urgent calls.
When someone finally did respond, the person they sent to investigate the issue (an active flood
and a cut electrical wire, with the electricity flowing right into a flooded room) was a person with
a <6 month old baby in hand. Thus, D’Allessandro placed an infant at risk in a dangerous
situation, which is deeply disturbing and unfair to all involved. Groma of course suggested that
the person leave, drop their baby off in a safe situation, then return. This person refused that
advice and proceeded to enter the building and engage in a ~30 minute discussion with the
Groma team. Everyone was fine, thankfully, but the dangerous disregard for safety of all
involved was appalling.
4. Sustained Yellow Water
Th
Preview
Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number ER COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No. GROMACORP, INC., Plaintiff, vs. D’ALLESSANDRO CORP.; JON D’ALLESSANDRO; JULIA D’ALLESSANDRO, TIMOTHY PARLATO, and BOSTON WATER & SEWER COMMISSION, Defendants. COMPLAINT FOR DAMAGES AND FOR DECLARATORY AND INJUNCTIVE RELIEF I. PARTIES Plaintiff GromaCorp, Inc., is a duly organized corporation under the laws of the State of Delaware, and registered in the Commonwealth of Massachusetts as a Foreign Entity, with a principal place of business located at 31 New Chardon Street, Boston, Suffolk County, Massachusetts, 02114. Defendant D’ Allessandro Corp., is a corporation duly incorporated under the laws of the Commonwealth of Massachusetts, with principal places of business located at 254 Pleasant Street, West Bridgewater, Massachusetts, 02379 [hereinafter referred to as the “Company”]. The Registered Agent for Service of Process for the Company is Jon D’Allessandro, located at 254 Pleasant Street, West Bridgewater, Massachusetts, 02379. Defendant Jon D’Allessandro is an individual who, upon information and belief owns a controlling interest in, or otherwise manages, Defendant D’Allessandro Corp., and who resides at 41 Ledin Drive, Avon, Massachusetts 02322. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number Defendant Julia D’ Allessandro is an individual who, upon information and belief, is Defendant D’Allessandro’s business and safety manager, and who resides at 51 Pine Circle, South Weymouth, Massachusetts 02190. Defendant Timothy E. Parlato is an individual who, upon information and belief, is Defendant D’Allessandro’s Project manager, and who resides at 3 Jackson Dr, South Walpole, MA 02071. The above four Defendants are referred to collectively as “Defendants D’ Allesandro. Defendant Boston Water & Sewer Commission [“BWSC”], located at 980 Harrison Avenue, Boston, MA 02119, contracted with Defendant D’ Allessandro for the above Project, see Paragraph 10, infra. BWSC was created by the Massachusetts Legislature in 1977, replacing separate water and sewer divisions of the city’s Public Works Department. BWSC is overseen by a three-member Board of Commissioners that is appointed by the Mayor with the approval of the City Council. The three present commissioners are Michael J. Woodall, Chris Cook, and Armindo Concalves. Il. FACTS APPLICABLE TO ALL COUNTS Plaintiff GromaCorp, Inc., is the sole tenant of the building located at 31 New Chardon Street, Boston, Massachusetts [hereinafter “the Property”]. It is owned by an entity controlled by Seth Priebatsch, President of GromaCorp, Inc. The Groma teams use technology to rehabilitate “triple deckers” and bring them to modern environmental and living standards, while keeping rents in the 80- 120% AMI range and creating ownership opportunities for renters. As part of their work, Groma routinely answer emergency calls from their tenants, to which they respond promptly, as each situation may demand. They do this work throughout Greater Boston, based out of their offices at 31 New Chardon Street. Many materials are stored, and accessed, from the Property. Loss of power to the Property, as was caused by Defendant D’Allessandro just recently, would inhibit Groma’s ability to service its residents and may put residents at risk if a serious issue required immediate rectification. Groma is well suited to this task, so long as its primary building and warehouse are not surprisingly knocked out of commission. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number 10. Defendant D’ Allessandro executed a contract to install two new water mains and a section of sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St. (Hereinafter “the Project”). 11 Construction on the Project is ongoing. 12, Since the inception of Defendants’ work, several instances of faulty and negligent workmanship have caused significant damage to the Property and has caused four evacuations, three because of flooding through and near electrical conduits and rooms, and the other, from a significant gas leak around the Property, emanating from the worksite. 13 Defendants’ carelessness represents significant and immediate harm to persons and property. 14. Defendants consistently have been evasive, non-responsive, and even perhaps dishonest in their responses to Plaintiff's genuine concerns. A. Flooding of Property - 13 June 2024 15 On 13 June 2024, Defendants’ actions and/or omissions caused the Property’s electrical room to flood. The water came in through an electrical conduit running through the Project that Defendants damaged. The water coming in through the hole created a giant pool, which fills with water, which then goes through the conduit Defendants’ damaged into the Property. B. Flooding of Property - 29 May 2024 16 A recent flooding incident occurred Wednesday night, 29 May 2024, in which Defendant D’ Allessandro informed Plaintiff that it had inadvertently breached a gas line, came on to the Property, declared it safe, only to discover later that Defendant D’ Allessandro had breached an electrical line, shutting off power to the Property, and leaving an exposed conduit leading from the hole their team dug, directly into the Property’s electrical room. 17 This not only disrupted power, but created a direct spout of water from the hole that was dug, which later flowed into and the Property’s basement. 18 Significant damage to property was caused, as well as causing an evacuation, for health and safety reasons, of the personnel at the Property. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number C. Gas Leak forcing Evacuation 19. On Monday, 5 June 2024, a strong smell of gas was observed in and around the Property, which was caused, Plaintiff is informed and believes, by Defendants’ failure to follow safe procedures, causing an immediate evacuation of the Property, and a call to National Grid. 20. National Grid was prompt in replying, cleared the building further, and confirmed that there was a gas leak in the area, which was then being rectified. D. Basement Leak #1 - May 8, 2024 21 On or about 8 May 2024, during Defendants’ construction, the IT closet connected to the Property’s basement conference room flooded. This never has happened before and was self-evidently connected to enhanced digging from Defendants. 22 The night prior (May 7th), the crew was scheduled to come onsite and connect Groma’s water supply to the temporary bypass. Ms. Hannah Crotty gave Don Csizmesia of D’Allessandro an access card and he was aware of the room in which he would need to connect the pipe. Defendants claimed they were unable to access the building, but did not report issues to anyone on Plaintiff's team who could have let them in remotely. They only reported to Ms. Crotty that they were unable to complete the switchover when she was called by Timothy Parlato after she informed them of the leak. Damage to the property and Groma’s business resulted. E. Basement Leak #2 - Thursday, May 30th, 2024 23 On Thursday, 30 May 2024, water intrusion and flooding of the Property clearly arose from the electric conduit that Defendants’ workmen cut. Significant damage resulted from a veritable fountain that was created from the water-filled hole dug by D’Allesandro’s team directly into the Property. 24. One of Defendant D’Allessandro’s employees falsely asserted that the Property’s foundation. Instead, it was obvious that an electrical conduit pipe was sliced open by D’Allessandro’s team, left open, resulting in a direct pipeline for water to flood the Property. 25 Groma’s building’s foundation never has leaked. 4 Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number F. Electrical Cut - Thursday, May 30th, 2024 26. On 30 May 2024, power to the Property was disconnected without warning, notice, or alert because a D’Allesandro team sliced the conduit carrying the electrical supply line on Thursday May 30", 2024. 27 The D’Allessandro team cut the electrical line within their work area, slicing open an electrical conduit. 28 Damages include work disruption; loss of use of the Property; needing to procure an alternate source of power; and additional costs incurred by Groma Team, including an emergency scrambling of a wide array of vendors to solve the problems created, disrupted investor meetings with major potential investors, with significant loss of potential business. 29. All of the contacts that D’Allessandro provided to Plaintiff failed to respond to many urgent calls. 30. When someone finally did respond, the person they sent to investigate the issue (an active flood and a cut electrical wire, with the electricity flowing right into a flooded room) was Defendant Julia D’Allessandro, with a <6 month old baby in hand. Thus, D’Allessandro placed an infant at risk in a dangerous situation, which is deeply disturbing and unfair to all involved. 31 Plaintiff of course suggested that the person leave, drop their baby off in a safe situation, then return. Defendant Julia D’Allessanfro refused that advice and proceeded to enter the building and engage in a ~30 minute discussion with the Groma team. Everyone was fine, thankfully, but the dangerous disregard for safety of all involved was appalling. G. Sustained Yellow Water 32 The water to the building has been a disgusting shade of yellow for weeks during construction of the Project, not before. 33 D’Allessandro team’s claim that this is “normal” and “sediment being shaken loose” was unpersuasive. 34, Plaintiff is informed and believes that the water is neither potable nor safe for drinking, or safe for skin exposure, and we have no evidence to the contrary from Defendants to show otherwise. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number H. Digging into Foundation - Thursday, Apr 11, 2024 35 A D’Allessandro team was observed drilling into/around the sidewalk in front of the Property, threatening to damage the foundation of the Property, purportedly in order to clear out the area around the Property’s water main connection in preparation for the bypass installation. 36. The D’Allessandro team was asked to use more caution, and as a result merely 2x4s were placed around Groma’s property line. Ms. Emma Hastings and Ms. Hannah Crotty from Groma’s People and Property Operations Team called and talked to Tim Parlato, the Assistant Project Manager, to clarify/confirm that these precautions were taken. I. Defacement of Front Bricks 37 A D’Allessandro team negligently poured tar onto the bricks of the Property. J. Unsafe Work Practices 38 Plaintiff has witnessed numerous examples of dangerous and unsafe work practices from Defendant D’Allessandro’s team. 39. One example includes a workman teeter-tottering across a 2x4 stretched across a 12-foot-tall dumpster while throwing heavy metal objects in and out. Another, more serious example, occurred on 20 June 2024, in which a D’Allessandro employee threw a lit cigarette onto a break in the steel panels overlying the area where a gas leak had occurred recently. A video of the lit cigarette straddling the break in the steel plates exists. K. Electrical Room Flooding on June 20th 40. Yet again, on June 20", a light rain enabled water to flow into the broken electrical conduit, damaged by Defendant D’Allessandro’s faulty work, and into the Property’s electrical room. Fast action by the Groma team on-site at night averted yet another emergency. When storms hit, Groma residents are more likely to need support, so losing electricity at the Property during those times, is especially dangerous. 41 Plaintiff is informed and believes that jurisdiction over the inspection of the Site is with the Boston Water & Sewer Commission. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number 42 By letters dated 31 May and 5 June 2024, Plaintiff alerted the BWSC and the City of Boston of the unsafe practices of Defendant D’Allessandro, seeking an inspection and oversight of Defendant D’Allessandro’s practices. True and correct copies of said letters are attached hereto as Exhibits A and B, respectively. 43 On 21 June 2024, upon my telephone call to the BWSC legal department, I was informed that an inspection, including OSHA, was conducted sometime after one or both of my letters attached hereto. 44 Presumably, after such inspection, the incidents described in paragraphs 39 and 40, above, occurred, showing Defendants D’Allessandro reckless disregard for the oversight of the BWSC and any inspection, and/or the failure of the BWSC to promptly discover and/or enforce any observations of faulty and dangerous workmanship. CLAIMS COUNT I - NEGLIGENCE AND/OR RECKLESSNESS 45 Plaintiff incorporates the allegations set forth in the previous paragraphs, as if fully set forth here. 46. Count | is alleged against Defendants D’Allessandro. 47 Defendants owe a duty to all adjacent landowners to execute its construction project in accordance with all health, safety, and building codes, and in conformity with good and safe building practices, such that Defendants’ work does not affect adversely the health or safety of adjacent property and the persons who live or work on said adjacent property.. 48, Defendants have breached their duties towards the adjacent property owners and its inhabitants. 49. As a direct and proximate result of Defendants’ breaches of their duties set forth herein, Plaintiff has been injured in amounts to be proven at trial, of not less than $200,000. COUNT II - MISREPRESENTATION AND FRAUD 50. Plaintiff incorporates the allegations set forth in the previous paragraphs, as if fully set forth here. 51 Count II is alleged against Defendants D’ Allessandro. 7 Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number 52 Defendants made numerous and multiple misrepresentations to Plaintiff that they will follow safe construction practices that will not impact adversely the Property, with the intent that Plaintiff would rely on their misrepresentations, and not seek self-help. 53 Plaintiff reasonably did rely on Defendants D’Allessandro’s misrepresentations. 54, As a direct and proximate cause of Defendants D’Allessandro’s misrepresentations, Plaintiff has been damaged in an amount of approximately $200,000.00, the exact amount to be proven at trial. COUNT III - DECLARATORY RELIEF 55 Plaintiff incorporates the allegations set forth in the previous paragraphs, as if fully set forth here. 56. Count III is alleged against all Defendants D’Allessandro. 57 Plaintiff seeks a Declaration of the Court that Defendants D’Allessandro have violated applicable health, safety, and building codes in their execution of the Project. COUNT IV - INJUNCTIVE RELIEF 58 Plaintiff incorporates the allegations set forth in the previous paragraphs, as if fully set forth here. 59. Count IV is alleged against Defendants D’Allessandro and the BWSC. 60. Plaintiff seeks an Injunction from the Court restraining Defendants D’ Allessandro from further work on the Project without immediate and constant supervision by the applicable government inspector, and an injunction restraining D’Allessandro from failing to take immediate steps to secure Plaintiffs building from any further incursions of water from the Project site, or any further adverse effects of the Project. In the alternative, Plaintiff seeks an injuction preventing Defendant D’Allessandro from completing the Project and the substitution of an contractor fully qualified and experienced to complete the Project in a safe manner, in compliance with all health, safety, and building codes. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number PRAYER FOR RELIEF Plaintiff respectfully requests the following relief: 1 An Order Declaring that Defendants D’Allessandro have violated applicable health, safety, and building construction codes; A Temporary Restraining Order or Preliminary Injunction restraining Defendants D’Allessandro from further work on the Project without immediate supervision by the applicable City of Boston inspector, and an injunction restraining Defendants D’Allessandro and Defendant BWSC from failing to take immediate steps to secure Plaintiffs building from any further incursions of water from the Project site, or any further adverse effects of the Project. In the alternative, Plaintiff seeks an injunction against the BWSC from terminating Defendant D’ Allessandro and or from preventing Defendants D’Allessandro from completing the Project and the substitution of a contractor fully qualified and experienced to complete the Project in a safe manner, in compliance with all health, safety, and building codes. An award of damages against Defendants D’Allessandro, jointly and severally, in favor of Plaintiff in the amount of at least $200,000.00 for their negligent and reckless disregard for safe construction practices which have caused such damages to Plaintiff and threatened the personal safety of Plaintiff's employees and tenants; An award against Defendants D’Allesandro in favor of Plaintiff for punitive damages in an amount sufficient to deter such action in the future. Any other orders and relief that the Court deems equitable and just. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS SO TRIABLE. Respectfully submitted, GromaCorp. Inc., By its attorney, ee Thomas F. Feeney (BBO# 645605) FEENEY & ASSOCIATES AT LAW 11 R South Street, 1st Floor Rockport, Massachusetts 01966 Mobile: (617) 510-2750 DATED: 21 June 2024 Office: (978) 309-8337 E’Mail: Thomas@FeeneyatLaw.com 10 Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number EXHIBIT A ll Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number Feeney& Associates at Law . Thomas F. Feeney Counsellor at Law 11R South Street, 1* Floor, Rockport, Massachusetts 01966 Office: (978) 309-8337 | Mobile: (617) 510-2750 | E-Mail: Thomas@FeeneyatLaw.com 31 May 2024 Jon B. D’Allessandro - President D’Allessandro Corp. 254 Pleasant Street West Bridgewater, Massachusetts 02379, and Facsimile Transmission: 508.559.6432 RE: GromaCorp, Inc. 31 New Chardon Street, Boston, Massachusetts 02114 D’Allessandro Corp installation of two new water mains and a section of sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St. Dear Mr. D’Allessandro, My office represents GromaCorp, Inc., the owner of the building located at 31 New Chardon Street, Boston, Massachusetts [hereinafter “the Property”]. Groma is a shining example of innovation and entrepreneurship in Boston. They use technology to rehabilitate dilapidated “triple deckers” and bring them to modern environmental and living standards, while keeping rents in the 80-120% AMI range and creating ownership opportunities for renters. They do this work all throughout Greater Boston, based out of their offices at 31 New Chardon Street. Your company has been working on the utilities in the adjacent area. We appreciate your efforts on this important work for the City’s infrastructure. Since the inception of your work, however, there have been several instances of faulty and negligent workmanship which has caused significant damage to the Property. The latest occurred Wednesday night sometime, in which your company initially informed my client that they had inadvertently breached a gas line, came on to my client’s property, declared it safe, only to discover later that your company had breached an electrical line, shutting off power to the Property, and leaving an exposed conduit leading from the hole your team dug, directly into my client’s electrical room. This not only disrupted power, but created a direct spout of water from the hole you dug, which later flowed into and flooded my client’s basement. This has caused significant damage to my client’s business and business interests, which damage must be addressed by you and your insurer. We are further distressed and offended by your callous attempts to blame others for the damages so self-evidently caused by your careless workmanship. The damages since this project commenced have been: 1. Basement Leak #1 - May 8, 2024 The IT closet connected to my client’s basement conference room flooded. This never has happened before and was self-evidently connected to enhanced digging from the D’Allesandro Team. The night prior (May 7th), the crew was scheduled to come onsite and connect our water supply to the temporary bypass. Ms. Hannah Crotty gave Don Csizmesia an access card and he was aware of the room in which he would need to connect the pipe. They claimed they were Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number Jon B. D’Allessandro 31 May 2024 Page 2 unable to access the building, but did not report issues to anyone on our team who could have let them in remotely. They only reported to Ms. Crotty that they were unable to complete the switchover when she was called by Timothy Parlato after she informed them of the leak. The related damage costs for this incident include: Mr. Chris White’s time onsite, rental of two air movers; purchase of additional sump pump; projector screen full of water; time spent by the Groma Team on resolving the issue; lost use of the conference room for the full day 2. Basement Leak #2 - Thursday, May 30th, 2024 On Thursday May 30th, water intrusion and flooding of Groma’s Property clearly was connected to the electric conduit that D’Allessandro workmen cut. Significant damage resulted from a veritable fountain that was created from the water-filled hole dug by your team directly into my clients property. An assertion made by your team member that perhaps the foundation was leaky is absurd, and offensive, when an electrical conduit pipe was sliced open by your team, left open, resulting in a direct pipeline for water to flood Groma’s building. Groma’s building’s foundation never has leaked. 3. Electrical Cut - Thursday, May 30th, 2024 Power to my client’s building was disconnected without warning, notice, or alert because a D’Allesandro team sliced the conduit carrying the electrical supply line on Thursday May 30", 2024. The D’Allessandro team cut the electrical line within their work area, slicing open an electrical conduit. Damages include work disruption, loss of use of the Property, procuring an alternate source of power, and additional costs incurred by Groma Team; an emergency scrambling of a wide array of vendors to solve problems created, disrupted investor meetings with major potential investors, significant loss of potential business; Cancellation of Happy Hour Event,sustained late night security and workplace monitoring; Food spoilage; and rescheduled tenant services. 4, Sustained Yellow Water The water to the building has been a disgusting shade of yellow for weeks now. Your teams claim that this is “normal” and and “sediment being shaken loose” are underwhelming. The occupants of our property do not believe the water is potable or safe for drinking, or safe for skin exposure, and we have no evidence to the contrary from you to show them. We have heard no complaints from neighboring buildings and given the shoddiness of your workmanship on other elements of this project, we think you have broken something and are not admitting it. 5. Digging into Foundation - Thursday, Apr 11, 2024 A D’Allessandro team was observed drilling into/around the sidewalk in front of our building, threatening to damage the foundation of Groma’s building, to clear out the area around our water main connection in preparation for the bypass installation. The D’Allessandro team was asked to use more caution, and as a result 2X4s were placed around Groma’s property line. Ms. Emma Hastings and Ms. Hannah Crotty from Groma’s People and Property Operations Team called and talked to Tim Parlato, the Assistant Project Manager, to clarify/confirm that these precautions were taken. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number Jon B. D’Allessandro 31 May 2024 Page 3 6. Defacement of Front Bricks A D’Allessandro team negligently poured tar onto the bricks of Groma’s building. This will need to be repaired. 7. Unsafe Work Practices We have seen numerous examples of dangerous and unsafe work practices from your team. One extreme example includes a workman teeter-tottering across a 2x4 stretched across a 12-foot-tall dumpster while throwing in and out heavy metal objects. We are shocked at the dangerous practices we have observed on your worksite and while this has not directly caused damage to us it exposes the carelessness with which you are apparently doing work on behalf of our city government. We have photo evidence of all of the above, much of which has already been shared with your team. The most recent incident caused a complete disruption of normal workday activity at significant cost to company both in terms of performance and excess costs. My client had to reschedule investor meetings, as well as work orders for residents. The damages presently amount to approximately $100,000.00 and are likely to grow as further issues are discovered from the disruption your team carelessly has created, and may create further. This letter is a courtesy to you, prior to a formal lawsuit, to demand that you do the following 1) cover all out-of-pocket costs, repairs, and damages caused by your team immediately; 2) reimburse Groma for costs related to loss of productivity for the entire day shutdown; 3) fix any further damages that arise; and 4) ensure that your crews act in a more professionally safe manner. To the extent that you believe others are responsible (as some of your people have sought to blame others, including Eversource), then you may have a third party claim against whoever else is at fault. The fact remains that all of the issues set forth in this letter only occurred after your crews commenced work on the affected electrical, water, and/or gas lines. Please provide immediately the name and contact information for your insurer on this project, so that we may negotiate with them directly. We have copied your insurance agent with this letter. If you choose not to negotiate a solution, or otherwise frivolously seek to avoid responsibility, a Complaint will be filed in the appropriate Boston Court for a resolution. Blaming others will not avail you of an excuse, as you have sought to do, so far. To ensure some oversight, I am copying this letter to the City of Boston’s Water & Sewer Commission, and the Mayor’s office. In as much as the BWSC is overseen by a three-member Board of Commissioners appointed by the Mayor with the approval of the City Council, we will seek to inform them, as well, if we are unable to resolve this matter informally. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number Jon B. D’Allessandro 31 May 2024 Page 4 Please have your insurance representative or attorney contact my office as soon as possible to resolve these matters. Please maintain a safe worksite, with no further disruptions in our electrical or clean water supply. Very truly yours, hee a Thomas F. Feeney ce. Boston Water & Sewer Commission 980 Harrison Avenue Boston, MA 02119 Fax: 617-989-7716 engcust@bwsc.org Tonry Insurance Group, Inc. 150 Grossman Drive, Suite 200 Braintree MA 02184 erts@tonry.com Office of Mayor Michelle Wu of the City of Boston 1 City Hall Square, Suite 500 Boston, MA 02201-2013 311@boston.gov Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number EXHIBIT B 12 Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number Feeney& Associates at Law . Thomas F. Feeney Counsellor at Law 11 R South Street, 1* Floor, Rockport, Massachusetts 01966 Office: (978) 309-8337 | Mobile: (617) 510-2750 | E-Mail: Thomas@FeeneyatLaw.com 5 June 2024 VIA ELECTRONIC TRANSMISSION ONLY Inspectional Services Department 1010 Massachusetts Avenue, 5th Floor Boston, Massachusetts 02118 Attn: William Foley, Plumbing and Gas Inspector E’Mail: William.Foley@Boston.gov Department of Public Works 1 City Hall Square, Room 710 Boston, Massachusetts 02201-2024 E’Mail: PWDEngineering@boston.gov Occupational Safety & Health Administration 639 Granite Street, Floor 1 Braintree, MA 02184 Fax: (617) 565-6923 Boston Water & Sewer Commission 980 Harrison Avenue Boston, MA 02119 Fax: 617-989-7716 engcust@bwsc.org RE: GromaCorp, Inc. 31 New Chardon Street, Boston, Massachusetts 02114 D’Allessandro Corp installation of two new water mains and a section of sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St. Dear Inspectional Svcs. Dept, D.P.W., OSHA, and Boston Water & Sewer Comm., This letter is an urgent request for an immediate inspection of a project site to avert what well may be imminent harm to persons and/or property. My office represents GromaCorp, Inc., the owner of the building located at 31 New Chardon Street, Boston, Massachusetts [hereinafter “the Property”]. Groma is a shining example of innovation and entrepreneurship in Boston. The Groma teams use technology to rehabilitate dilapidated “triple deckers” and bring them to modern environmental and living standards, while keeping rents in the 80-120% AMI range and creating ownership opportunities for renters. They do this work throughout Greater Boston, based out of their offices at 31 New Chardon Street. As you may be aware, D’Allessandro Corp executed a contract to install two new water mains and a section of sewer on Bowker St., Hawkins St., New Sudbury St., & New Chardon St. Construction is ongoing. Groma appreciates BWSC’s efforts on this important work for the City’s infrastructure. Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number ISD; DPW; BWSC; and OSHA 5 June 2024 Page 2 Since the inception of D’Allessandro’s work, however, several instances of faulty and negligent workmanship have caused significant damage to the Property and has caused two evacuations, one because of flooding waters and the other, just the other day, from a significant gas leak around the Property, emanating from the worksite. D’Allessandro’s carelessness represents significant and immediate harm to persons and property, and we insist upon an immediate investigation. We would also request that work be halted until they can demonstrate to the satisfaction of a qualified examiner that they are competent to be doing such work safely for all involved. D'Allessandro consistently has been evasive, non-responsive, and even perhaps dishonest in their responses to my client’s genuine concerns. In our opinion, this is a company cutting corners and endangering all involved, not to mention adding huge additional costs to the utility companies for their consistent damage to public utilities and damage to our business. Thankfully, no harm to Groma’s people has occurred, though we are very concerned about that possibility. We already have initiated a demand against D’Allessandro for them to comply with all safe construction standards, as well as for damages, but their mistakes continue, and puts us all at risk. The most recent flooding incident occurred Wednesday night sometime, 29 May 2024, in which D’Allessandro Corp. informed my client that they had inadvertently breached a gas line, came on to my client’s property, declared it safe, only to discover later that D’Allessandro had breached an electrical line, shutting off power to the Property, and leaving an exposed conduit leading from the hole their team dug, directly into my client’s electrical room. This not only disrupted power, but created a direct spout of water from the hole that was dug, which later flowed into and flooded my client’s basement. As one would expect, significant damage to property was caused, as well as causing an evacuation, for health and safety reasons of the personnel at the Property. If it was an isolated incident about which we were concerned, you would not be receiving this letter. Just on Monday, 5 June 2024, a strong smell of gas was observed in and around the Property, causing an immediate evacuation of the Property, and a call to National Grid. National Grid was prompt in replying, cleared the building further, and confirmed that there was a gas leak in the area, which was then being rectified. Further obviously faulty construction practices have caused other damages since this project commenced have been: 1. Basement Leak #1 - May 8, 2024 The IT closet connected to my client’s basement conference room flooded. This never has happened before and was self-evidently connected to enhanced digging from the D’Allesandro Team. The night prior (May 7th), the crew was scheduled to come onsite and connect Groma’s water supply to the temporary bypass. Ms. Hannah Crotty gave Don Csizmesia of D’Allessandro an access card and he was aware of the room in which he would need to connect Date Filed 6/24/2024 10:57 AM Superior Court - Suffolk Docket Number ISD; DPW; BWSC; and OSHA 5 June 2024 Page 3 the pipe. They claimed they were unable to access the building, but did not report issues to anyone on our team who could have let them in remotely. They only reported to Ms. Crotty that they were unable to complete the switchover when she was called by Timothy Parlato after she informed them of the leak. Damage to the property and Groma’s business resulted. 2. Basement Leak #2 - Thursday, May 30th, 2024 On Thursday, 30 May, water intrusion and flooding of Groma’s Property clearly arose from the electric conduit that D’Allessandro workmen cut. Significant damage resulted from a veritable fountain that was created from the water-filled hole dug by D’Allesandro’s team directly into my clients property. An assertion made by D’Allessandro’s team member that perhaps the foundation was leaky is absurd and offensive; an electrical conduit pipe was sliced open by D’Allessandro’s team, left open, resulting in a direct pipeline for water to flood Groma’s building. Groma’s building’s foundation never has leaked. 3. Electrical Cut - Thursday, May 30th, 2024 Power to my client’s building was disconnected without warning, notice, or alert because a D’Allesandro team sliced the conduit carrying the electrical supply line on Thursday May 30°, 2024. The D’Allessandro team cut the electrical line within their work area, slicing open an electrical conduit. Damages include work disruption; loss of use of the Property; needing to procure an alternate source of power; and additional costs incurred by Groma Team, including an emergency scrambling of a wide array of vendors to solve the problems created, disrupted investor meetings with major potential investors, with significant loss of potential business. All of the contacts that D’Allessandro provided to Groma failed to respond to many urgent calls. When someone finally did respond, the person they sent to investigate the issue (an active flood and a cut electrical wire, with the electricity flowing right into a flooded room) was a person with a <6 month old baby in hand. Thus, D’Allessandro placed an infant at risk in a dangerous situation, which is deeply disturbing and unfair to all involved. Groma of course suggested that the person leave, drop their baby off in a safe situation, then return. This person refused that advice and proceeded to enter the building and engage in a ~30 minute discussion with the Groma team. Everyone was fine, thankfully, but the dangerous disregard for safety of all involved was appalling. 4. Sustained Yellow Water Th