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2 Contractors Pay $6.5M After Mold Befouls School
by Bill Bowman / COASTAL MONMOUTH BUREAU
app.com
The architect and construction company blamed for the mold infestation in
Midtown Community School have agreed to pay about half of the $13 million
renovation costs.
But the third company blamed for the problem — the project's management firm
— made a settlement offer that was rejected by the state Schools Development
Authority, prompting the authority to threaten a lawsuit to recoup the
remaining $6.5 million and to cancel all the company's contracts.
SSP Architectural Group and Turner Construction agreed to pay the settlement
after a five-month arbitration period, SDA spokesman Larry Hanover said
Thursday.
Turner has agreed to pay $4.5 million and SSP will pay $2 million, Hanover
said.
Negotiations with the project manager, Gilbane Building Co., did not go as
smoothly.
The SDA rejected Gilbane's final offer — an amount that wasn't disclosed —
on Feb. 21, sent the company official notice that it was terminating all the
company's contracts if it did not "cure" eight contract violations by
next Thursday.
The SDA letter, signed by CEO Scott Weiner, also threatened a lawsuit to
recover the final $6.5 million.
Mold was found in exterior walls of the Midtown school early last year,
which forced a one-year delay in the building's opening and meant the school's
several hundred students and teachers would have to spend another year in
trailers parked adjacent to the school.
Workers had to remove the brick facade along several walls, remove and
replace the wallboard and then replace the brick facade.
The school is on schedule to open in September, school and state officials
said.
In agreeing to make the payments, Turner and SSP admitted errors that
contributed to the mold.
"Gilbane, Turner and SSP each failed to meet their contractual
obligations to the SDA," Weiner said in a press release. "More
significantly, each company let down the schoolchildren of Neptune and the
taxpayers of New Jersey."
Gilbane spokesman Wes Cotter declined to comment.
Working in 22 schools
Gilbane currently has contracts worth $57.8 million in 22 schools in
Neptune, Long Branch, Asbury Park, Barnegat and Vineland, Hanover said.
All but about $5 million of the contracts' cost has been paid, he said.
The Midtown school project was part of a regional contract which covers 17
of the 22 affected schools in the township, Asbury Park, Barnegat and Vineland,
he said.
Hanover said all but $3.9 million of the contract's $23.6 million cost has
been paid.
Hanover said that the SDA will terminate all contracts if the problems
associated with the Midtown school project are not addressed.
"The reason for the terminations is that we have this fundamental
difference in what the roles and responsibilities are for a project management
firm," he said.
"If they wanted to cure the contract in question in this letter, that
would mean that they had a fundamental shift that's more in the line of what we
see, in which case everything would be up for discussion as far as to continue
on with them," Hanover said.
Neptune Schools Superintendent David Mooij said he was surprised by the
action.
"There were some quality projects built here while they were on
board," he said. "But I'm sure the SDA had sufficient cause to
terminate their contractual obligations."
Mooij said he was "pleased" that the SDA will allocate more people
to the Midtown project while it is looking for a new project manager.
"They said it should not affect the schedule," he said.
http://www.app.com/apps/pbcs.dll/article?AID=/20080222/NEWS/802220415/1004/NEWS01
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