The Pajaro Valley Unified School District appears to be headed to court in an attempt to recoup more than $1 million in costs associated with the removal of mold during construction of Pajaro Valley High School.At a special board meeting Wednesday, a retired teacher expressed concern that she was afraid district officials were spending too much in attorney fees to win a lawsuit that could have been handled out of court.
The district is suing Salinas-based Dilbeck and Sons General Contractors Inc., WLC Architects Inc. of Rancho Cucamonga and Westchester Surplus Lines Insurance Co. of Atlanta.
The district is claiming that either the architect or the construction company is responsible for $1.5 million in cleanup and construction delays at Pajaro Valley High School after mold was discovered in some of the school's buildings in March 2004.
Since then, the Atlanta insurance company has rejected district claims for damage, leading to the showdown in court.
"I just wish more money would stay in the classrooms where we need it," said Sylvia Previtali, who taught for nine years in the district. "I'm afraid we're going to end up spending $1 million in litigation fees, and it could wind up costing us more than what it cost to fix the mold"
Terry McHenry, the district's associate superintendent at the time the case was filed, could not be reached to comment Thursday. Superintendent Mary Anne Mays referred all matters to McHenry.
The case is scheduled to be heard before a jury June 11 in Santa Clara County Superior Court.
Sharon Dilbeck, president of Dilbeck Construction, claims the mold was not her company's fault.
She has expressed frustration with the district's decision to sue after her company offered to pay $135,000 for mediation efforts.
"There was just no settlement," she said. "We were unable to settle. But it's not our fault. We believe that the mold got there because of the design of the building. Once there was a new design and the mold was removed, we finished the project and everything worked out fine"
Larry Wolff, one of the owners of the WLC Architects Inc., which was in charge of the construction design for the high school, could not be reached for comment.
Brian Rasmussen, owner of BMR Inc., the Carmel Valley construction management firm hired by the district, is offering it technical advice for the court case.
Previtali said at Wednesday's board meeting that all she wanted was answers, but she was having a hard time getting them.
"I have requested information about the lawsuits from Mr. McHenry," she said, "and was informed by him that the matter, especially the matter of the arbitration agreement, was 'confidential.' "
http://www.santacruzsentinel.com/archive/2007/February/09/local/stories/07local.htm# # #
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