York County SB Terminates Contract with Dare Elementary Contractor

By Amber Lester Kennedy Tuesday, December 06, 2011

York County Schools has terminated its contract with a construction company that failed to secure Dare Elementary School during Hurricane Irene. This photo shows water damage.

The school board met in closed session with its lawyer for an hour prior to its vote to terminate its contract with American Veteran Construction. A 30-day notice of termination will be provided to the contractor. The division intends to pursue any and all options for financial compensation, including insurance claims, performance and payment bonds and if necessary, legal action.

Superintendent Eric Williams recommended termination of the contract based on the company’s failure to begin mold remediation work; the contractor’s defective roof work; the company’s failure to properly man the project, provide a proper schedule, meet the substantial or final completion dates; the company’s defective electrical work; and the company’s continued production of sub-standard work that must be removed and redone.

The notice to American Veteran Construction demands the company and its subcontractors cease and desist all work as of Jan. 6, 2012. The remaining work includes roof work, remediation in the interior of the building for water damage and remediation in Mechanical Equipment Rooms. Those projects will cost an estimated $182,164.

Dare Elementary students have not attended classes in their regular classrooms this year. The contractor was already behind schedule on renovations when Hurricane Irene hit over Aug. 26-27, and because the contractor did not properly seal the construction site, the school suffered serious water and wind damage, according to York County Schools. At the start of the school year, students attended classes in the gymnasium, in a two-classroom portable unit and under a tent pitched on the grounds. Fourth and fifth grade students have attended Bethel Manor Elementary this year.

The board approved the lease of an eight-classroom portable unit that students will begin using Monday; teachers have already had time to begin preparing their classrooms in the unit. The division does not have a time estimate for when students will be able to attend classes inside the school building.

Spokesperson Betsy Overkamp-Smith said the division is contacting its performance bond company (which acts as insurance) to state the division’s intention to retain contractors to complete the remaining work. If the performance bond company does not exercise its option to take over the project, the school board will likely enter into contracts with multiple contractors to finish electrical, mechanical, carpentry and sheet rock work. “Once we have entered into those contracts, we will have a better sense of when we can move back into the building,” Overkamp-Smith said.

On Monday, a timeline was posted on the York County Schools’ web site for the roofing work, with an estimated completion date of Jan. 28, barring weather delays or other unforeseen interruptions. Timelines will be posted here as they become available.