It is not an issue of whether the Warren County School Board will seek damages against Midstate Construction, the builders of Dibrell School, but instead the question is when and how much.
“We’re talking about damages here,” said School Board member Bill Zechman upon learning the construction of Dibrell School was 74 days past contract as of last week with the clock still ticking.
During the meeting, Architect Paul McCall of Red Chair Architects said it would be up to the board as to what damages to seek. The question, McCall noted, is how much the board can demand. The contract called for $500 per day in penalties for every day over the promised completion date.
“There was hardship,” McCall noted, pointing to the school having to operate in less than ideal conditions when it was thought the school would be ready for the 2011-12 school year but instead is still under construction. “There’s still a punch list to complete.”
At question before the board is how far back they can recover damages. While approaching 80 days beyond contract with things still to do to be completely finished with the school, there was a certificate of occupancy issued for the school on Dec. 7. However, Board Chairman Scott Holmes pointed out they did not actually begin using most of the school until Jan. 3, just after the Christmas holiday. Holmes questioned why the board could not go after damages up until completion of the school since they school is still technically not completely useable for its stated purpose, that being the education of students.
“They are the ones who wasted the time,” Holmes said of contractors and subcontractors who fell behind, claiming bad weather had slowed them down, a claim the board is not buying with Holmes specifically pointing to an access road to the new portion of the school which contractors claim has not been finished due to recent rainy conditions. “It wasn’t raining in October. They could have put it in then.”
The board asked legal council Robin Phillips to look into what the board can do in the way of collecting damages from the contractors concerning the Dibrell School. Phillips is supposed to render a legal opinion to the board during the February meeting.