Great Barrington faces two major lawsuits as town attorney retires

GREAT BARRINGTON — Two major lawsuits continue moving through the courts as Great Barrington comes out of a difficult budget season — one over nearly $870,000 in disputed contractor bills and another alleging civil rights violations stemming from the search of a middle school classroom.
After more than 30 years representing the town, longtime town attorney David Doneski has retired. Court records show Michael D'Ortenzio has taken over the town's pending litigation in state court.
Great Barrington is represented by KP Law, which serves about 125 municipalities across Massachusetts, including 16 in Berkshire County.
One of D'Ortenzio's biggest cases for the town currently is a lawsuit by Morais Concrete Construction seeking $869,395.61, plus interest, over alleged unpaid contractor bills. According to the lawsuit, filed in April, the town hired Morais in 2024 to install an underground drainage system and complete trench repairs for $1.1 million.
The town later directed the company to perform additional work beyond the original contract through multiple change orders, according to the lawsuit. According to the complaint, the town acknowledged that the work had been satisfactorily completed but has "failed and refused to pay" amounts owed under the contract.
In a response to the suit May 14, the town acknowledged it has withheld payments on some invoices but says it's not required to pay because Morais failed to follow required contract procedures, including obtaining proper approval for additional work.
The town also disputes whether some of the extra work was ever validly authorized and argues Morais did not fully meet its obligations under the contract.
The lawsuit stems from the same street reconstruction project examined in a forensic audit by CBIZ Forensic Consulting Group. Released June 9, the audit found town officials repeatedly failed to follow contracting and financial oversight procedures, contributing to the project's cost growing from an estimated $1.1 million to about $2.6 million.
Assistant Town Manager Chris Rembold and Department of Public Works Superintendent Joseph Aberdale were placed on paid administrative leave two days after the audit was released. Rembold has since returned to work, while Aberdale remains on leave until Sept. 30, when his resignation takes effect under a separation agreement.
Monday's Select Board meeting will begin in executive session to discuss litigation strategy in the Morais lawsuit.
The town's other major pending lawsuit is a federal civil rights case being handled by the law firm Pierce, Davis & Perritano, not KP Law.
Arantzazú Zuzene Galdós-Shapiro, a former W.E.B. Du Bois Regional Middle School teacher, is suing the town of Great Barrington, its former police chief and an officer in connection with the search of her eighth-grade classroom for the book, "Gender Queer" back in December 2023.
The lawsuit is not centered on the content of the book, but rather whether the defendants acted unlawfully in their investigation, specifically regarding the right to free speech and protection from police overreach.
The parties attempted to settle the lawsuit through mediation in April, but the effort was unsuccessful. The mediator recommended returning the case to the normal litigation schedule.
Court records do not list the next scheduled hearing.
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