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.