Water meter company granted more time to answer GWA lawsuit

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GWA Badger meter (PNC file photo)

The company accused of breaching its contract with the Guam Waterworks Authority over faulty water meters will have more time to answer the complaint.

GWA has agreed to a stipulation to provide Badger Meters with a 10-day extension of time to answer its complaint which was moved from the local court to the jurisdiction of the District Court of Guam.

The action arises out of a contract between GWA and Badger Meters under which GWA claims they were provided approximately 23,800 faulty LP meters.

According to court documents, “Badger concealed and failed to disclose the defective nature of its LP meters. Once the defective nature of the meter and Badger’s negligent performance of its services under the contract became increasingly clear. Badger engaged in misleading and lulling actions and communications designed to prevent the plaintiff from exercising its legal rights, including by falsely suggesting that Badger intended to replace all defective LP meters with M25 meters or otherwise take action to resolve the issue to GWA’s satisfaction.”

The stipulation allows Badger Meters to locate and review all documents in the complaint prior to preparing and filing its answer by Oct. 29.

GWA is seeking $18 million in compensatory damages and $2,000 in punitive damages for each violation under the Deceptive Trade Practices Act.

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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.