NEW SCOTLAND — The town of New Scotland is looking to shift the financial burden and defense costs to the employer of a worker who sued the town over injuries he claimed were sustained after a fall from scaffolding for which he says the town was responsible.

The suit is a third-party claim filed against Hilton barn contractor Sanz Construction. The worker claims he was injured while working on the 125-year-old barn, which the town is restoring to serve as a community center.

The purpose of a third-party claim is for the defendant — in this case, the town of New Scotland, which now becomes third-party plaintiff in the suit — to seek indemnification or a contribution or both — the town is seeking both — from the new party, Sanz, the employer of the worker who suing the town. 

 New Scotland Supervisor Douglas LaGrange declined to comment to The Enterprise, citing pending litigation. The owner of Sanz Construction, Nauman Shah, did not respond to a request for comment. 

The town in May 2023 approved a $529,200 contract with Sanz to:

— Remove, retain, and replace the barn’s existing siding;

— Install new wooden double-hung windows, wood doors, and a storefront entry system; 

— Install bathrooms

— Reinforce areas of the concrete floor; and

— Perform associated electrical and mechanical work.

Sanz had the lowest base bid, at $464,000; however, the town also decided to go with another $65,000 in additions:

— $23,000 for reinforced concrete floors in areas surrounding restrooms;

— $7,200 for additional power and lighting; and

— $35,000 for exterior barn doors, both sliding and fixed.

The original complaint, filed in May of this year, alleges that, in July 2024, Roman Tsegelniuk was lawfully working on restoration of the Hilton barn when he “fell from an unsecured, defective, and dangerous scaffold on the premises.”

Tsegelniuk filed suit against the town because, he claimed, New Scotland was the general contractor and construction manager of the project, responsible for hiring and retaining contractors or subcontractors.

The town in its third-party claim asserts:

— If Tsegelniuk’s injuries occurred as described in his suit against the town, they resulted from the negligence of Sanz;

— The town and Sanz’s contract included provisions for the company to defend and indemnify New Scotland for personal-injury claims arising out of Sanz’s work; and

— Sanz is in breach of contract for failing “provision for insurance procurement by Sanz and a requirement that the [town] be named as an additional insured on such policy and that the policy cover and provide coverage for the services rendered and any conditions created thereby that result in injury to any person or persons.”

The town is seeking a judgment against Sanz for indemnification, costs arising from a successful Tsegelniuk suit, plus any other relief the court “deems just and proper.”