Sunday, February 13, 2011

District files lawsuit against contractor

District files lawsuit against contractor
By: RACHEL CANELLI
Bucks County Courier Times
BRISTOL SCHOOLS

The lawsuit cites construction delays and defects in the work at the new Snyder-Girotti Elementary School.

The Bristol Borough School District is suing its general contractor on the new Snyder-Girotti Elementary School for $660,000, claiming the company caused delays and construction defects, according to court documents filed in county court.

The district claims in the lawsuit that Ernest Bock and Sons Inc. of Philadelphia completed the project almost 500 days late and the new building experienced roof and wall leaks and cracked foundation and flooring.

The district also is suing the engineer on the construction project, Vitetta Group Inc. of Philadelphia, for $50,000 plus legal fees claiming professional malpractice. School officials said that company's design plans were faulty and caused the building's problems, according to county court documents.

The newspaper couldn't reach representatives for Bock or Vitetta for comment Friday.

In October 2006, the district hired Bock as general contractor on the $19.4 million project, which was supposed to be finished no later than April 2008. The district hired Vitetta to design the building on Buckley Street in 2004, the suit said.

If Bock breached that contract, the company was to pay $1,000 per day in damages. The school wasn't done until August 2009, but Bock didn't pay the damages, according to the court documents filed Thursday.

But that wasn't the only problem, according to the district.

Besides roof and wall leaks and cracks in the foundation and floors, officials say the heating and air conditioning system didn't function properly and classroom projection screens weren't sized or installed right. The district also claims Bock didn't produce construction schedules, have enough workers, or pay subcontractors and suppliers in a timely fashion, according to the lawsuit.

Since school officials say they lost use of the building for an entire academic year and incurred increased costs to fix those issues, they're asking for $360,000 from Bock saying 360 of the 499 late days were inexcusable, county court documents said. The district is also seeking $50,000 for breach of contract, $100,000 in utility charges for electricity Bock used during construction, $50,000 in legal fees, and $100,000 for breach of warranty, the suit said.

School officials are also demanding $50,000 plus unspecified legal fees for delay and breach of warranty and contract from Vitetta because they say the engineering firm's documents contained errors, omissions and defects involving the roof, walls, foundation, floors, projection screens, and heating and air conditioning system, according to court documents.

Rachel Canelli can be reached at 215-949-4191 or rcanelli@phillyBurbs.com. Follow Rachel on Twitter at Twitter.com/buzz_in_bucks.

February 13, 2011 02:00 AM