Legal Question in Civil Litigation in Connecticut

Our firm just recently won a case in Connecticut where we were the defendant and the town was the plaintiff. We counter sued for statutory theft and conversion however, the in the memorandum of decision we were not awarded our counter claim for conversion and statutory theft due to insufficient evidence.

The town lost all of its claims while we won two of out counter claims for interest and the full amount due us under the contract.

There was no prevision under the contract for attorney's fees and I have documented extensions of contract time from the town as a direct result of their delays. We have spent over $120,000 on attorney fees and I have a document loss of profit due to the towns delays and our attorneys fees. Our contract states we have the right to sue for loss of profit, my attorney does not want to pursue this action.

Having already won the case the town started, can I now sue for loss of profit?


Asked on 6/23/10, 6:27 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

I don't have enough information to provide a clear answer to your question. However, I will say that if the claim you are questioning was part of the original action, and that action was fully litigated and concluded, most likely you are barred from seeking an ancillary claim associated with that action. You should speak to an attorney about this.

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Answered on 6/24/10, 4:55 am


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