Balestrieri sues Ashwaubenon over $300K in unpaid arena work

Listen to this article

Balestrieri Environmental & Development is suing the village of Ashwaubenon to recover more than $300,000 it claims it is owed for waste removal in a project to replace the Brown County Expo Center, a sum the village disputes.

The Elkhorn-based firm filed a lawsuit in Brown County Circuit Court on Thursday arguing Ashwaubenon hasn’t fully paid the contractor for asbestos removal work on the Brown County Veterans Memorial Arena last year. Balestrieri argues the village still owes some $326,000 for hauling away 47 truckloads, or 1,739 cubic yards, of “special waste” from the events center, according to the suit.

Ashwaubenon officials, however, don’t think Balestrieri hauled away as much waste as it claims. In a statement, Village Attorney Tony Wachewicz said Ashwaubenon paid the company for $35,462 in “supportable” disposal expenses.

“The village disputes the remaining amount of invoices based on how they are estimating the quantity of disposed material, given that it exceeds the capacity of the trucks, along with mark-up fees and interest contrary to the terms of the contract,” Wachewicz said.

Theodore Johnson, an attorney for Balestrieri, declined to comment for this story.

Before work began on a $93 million replacement for the Brown County Expo Center last summer, crews tore down the aging arena. Ashwaubenon hired Balestrieri to remove asbestos from the arena and former Packers hall of fame building nearby. Construction of the new arena, to be named the Resch Expo, is expected to be substantially complete by Jan. 1.

According to Balestrieri’s lawsuit, the company billed the village some $346,000 in late July for waste removal work it was hired to do. By October, the company hadn’t been paid for the work, and Balestrieri filed a claim against the village for payment.

In December, the village paid the company $35,462 for the work, a sum the company argues was a “partial” payment. The suit seeks to recover $326,000 the company claims it is still owed, plus attorney’s fees and interest.

“Balestrieri has demanded payment from the village, but the village has failed and refused to pay,” according to the suit. Follow @natebeck9