by Mike Donoghue, Vermont News First, Vermont Business Magazine A small Orange County business, which was hired to install fiber optics in three states for a major national firm, says it has been stiffed out of nearly $1.5 million for its completed work, according to a lawsuit filed in federal court in Burlington.
Eustis Cable Enterprises LTD of Brookfield has filed the breach of contract lawsuit against Tilson Technology Management Inc, which is based in Portland, Maine and operates a regional office in St. Johnsbury, court records show.
Tilson Technology solicited Eustis Cable in 2022 to perform fiber optic cable installation work in Vermont, New York and Connecticut, the lawsuit said. The work was done as a subcontractor for TTM's customers, including Verizon.
Beginning with work billed to Tilson in November 2022 and continuing until at least February 2024, "TTM wrongfully failed to pay invoices," Burlington lawyer Pietro J. Lynn said in the lawsuit on behalf of Eustis.
Lynn said in court papers the completed work met all the required contractual standards.
"TTM's customer had no complaints and TTM was fully satisfied with the work performed by ECE. Ther work was billed consistent with the established pricing and procedures," the lawsuit noted.
"It has no defense to this claim for nonpayment. It simple chose not to pay," the lawsuit noted.
"On information and belief, TTM has been paid for the work performed by ECE," Lynn said in court papers.
Tilson owed $1,458,092 as of the lawsuit when it was filed in June.
The lawsuit appears to be a modern-day case of David vs. Goliath. Tilson does business throughout the United States with over 1,400 employees and 20 offices nationwide, the lawsuit said.
Eustis, which was founded in 1995, has about 250 employees, according to Company President Susan Kay.
Tilson failed to provide a written response to the lawsuit in U.S. District Court within the required 21 days.
Lynn filed recent request to put the case on hold until early November because Tilson has expressed interest in going to mediation to try to resolve the case without the cost of a trial.
Tilson did not respond to phone and email messages seeking comment this week for this news story.
The lawsuit seeks both compensatory and punitive damages, along with prejudgment interest. It also asks for legal fees and other proper costs.
The allegations in the breach of contract lawsuit by Eustis appear to be at odds with company claims by Tilson on social media.
Tilson says it "is growing fast" and that it was "built on the foundation of six core values - Safety, Composure, Respect, Accountability, Professionalism, and Integrity - we are dedicated to doing what's right for our customers ..."
The lawsuit notes Tilson Technology contracts with cable and internet companies to design and install fiber optic cable networks, sometimes subcontracting the installation work to other companies like Eustis Cable Enterprises.
To support vital journalism, access our archives and get unique features like our award-winning profiles, Book of Lists & Business-to-Business Directory, subscribe HERE!
