Contractor and Cape Cod Town Began Court Battle Before Fatal Trench Collapse

The employer of a construction worker who was killed in a construction trench collapse on Cape Cod last week and the town that hired the firm for the sewer project are in a legal dispute that began before the fatal accident.

In a court battle launched in September, Revoli Construction and the town of Yarmouth accuse each other of breach of contract and negligence. Revoli says the city owes him more than $1.7 million for costs related to city-ordered work stoppages and interest on late payments while Yarmouth alleges Revoli is responsible for flooding incidents, traffic disruptions and multiple worksite hazards, injuries, and property damage.

The legal dispute being played out in Norfolk County court came to light a few days after Revoli employee Miguel Reis of Fall River was killed and two others were injured in a trench collapse on South Shore Drive in the popular Massachusetts seacoast town.

One worker managed to escape the trench. The rescue teams providing lifesaving measures were able to save another worker who police said was buried up to his waist. That rescue took five hours.

After the accident, a state coalition of union, health, safety and community advocates called for an investigation of Revoli.

“The company has a troubling history of significant health and safety violations, including prior incidents that raised serious concerns about their commitment to worker safety,” Tatiana Sofia Begault, executive director, of the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), claimed.

Revoli has a history with the federal Occupational Safety and Health Administration (OSHA). OSHA records show there have been six referrals and complaints against Revoli since 2016. Earlier this year Revoli was cited for failing to maintain a safety program that provides for frequent and regular inspections of jobsites, materials, and equipment. In 2023, OSHA cited the firm for an inadequate system to protect employees from potential cave-in from the unsupported walls of an excavation.

The Yarmouth incident is under investigation by local, state, and federal authorities including OSHA.

In its suit against Yarmouth, Revoli claims the town ordered a work stoppage during the June to September tourist season that was not called for in the contract and that caused it to incur equipment, materials and demobilization costs. The contractor says the town refused to agree to arbitration to settle the financial issues and an extension of the contract to reflect the stoppages. Revoli also claims the town treated it differently than it treated other contractors.

In its counterclaims, the town maintains Revoli’s damages are the result of its own conduct and the seasonal work stoppage is cited in the contract. The town says it faces substantial costs in repair, replacement, correction and mitigation of the damages allegedly caused by Revoli.

The town maintains there were Revoli employee injuries before the trench collapse including a crew member who was injured by a pinch between a machine and a dewatering pipe and several who received electric shocks from a pipe.

In addition, Yarmouth alleges Revoli employees have been responsible for multiple accidents that caused water leaks or shutoffs with truck drivers hitting water lines, overhead wires, and a utility pole. The complaint contends that one accident forced a restaurant to close for hours and another knocked out emergency communication to the Yarmouth Police Station.

The town accuses Revoli of continued use of a defective dewatering system that has caused flooding of South Shore Drive and adversely affected the flow of traffic along South Shore Drive. Revoli has also failed to exercise reasonable care in placing signage and operating machinery on job sites and has several times exceeded allowable work hours and posted incorrect detour signage for drivers, according to the town’s complaint.

Topics Contractors