A Newport construction firm said in a lawsuit that Waterfront Concerts owes it nearly $1 million for renovations, but the concert organizer filed a counterclaim accusing Bowman Constructors of fraud.
Bowman Constructors was hired by Waterfront Concerts LLC in January 2022 to perform renovations to the Maine Savings Amphitheater in Bangor, according to a lawsuit filed October 2023 in Penobscot County Superior Court.
The majority of the work was completed by mid-July 2023, and the construction company is still owed $929,546, according to the suit. The full cost of the renovations is not listed in the lawsuit. The upgrades at the popular waterfront venue included adding permanent bathrooms, new chairs and a new entrance and exit.
Waterfront Concerts filed a counterclaim in December, saying the construction company inflated invoices from subcontractors and overcharged the concert organizer by $49,000.
Attempts at a settlement have not been successful, Bowman Constructors attorney Robert Ruesch said. A trial is not yet scheduled. The attorney for Waterfront Concerts, Joseph Talbot, declined to give a statement because the case is pending.
The city of Bangor owns the land Maine Savings Amphitheater is on and is the landlord for Waterfront Concerts.
The concert organizer breached its contract with Bowman, violated the state’s prompt payment law and benefitted from the renovations without paying for it, the lawsuit said. The company denied all the allegations in a response.
The renovations were done with the assurance that Waterfront Concerts would pay for it, the lawsuit said. Bowman wants a judge to rule that the venue needs to pay the $930,000, plus interest and legal fees.
Waterfront Concerts said in its counterclaim that Bowman committed fraud, received extra money for work that was not done and was negligent. Waterfront Concerts wants a judge to rule in its favor, saying the construction firm received money it should not have gotten. The concert organizer is also seeking punitive damages.
Through invoices for a drywall subcontractor, Bowman charged an additional $49,000 for work and pocketed the extra money, the counterclaim said. Bowman denied the allegations in a response.
The counterclaim also said that Bowman and its subcontractors did not properly construct some buildings, bathrooms and a protective wall, and then charged for the additional work to fix the issues, which should have been done at no cost.
The architectural and engineering plans from Waterfront were “deficient and lacked necessary details,” Bowman said in a response. Waterfront also interfered with work Bowman and subcontractors did, Bowman said.
Waterfront Concerts said the construction company caused damage to the lawn area, ramps, signs and walls, then charged Waterfront for the damage repair, which Bowman denied.