After four months of mediation between a construction company, a bond performance company and the York County School Board, a compromise has been reached regarding compensation for the work done at Dare Elementary School in 2011.
The York County School Board agreed to pay $235,000 — a more-than-$500,000 difference from the $752,680.61 American Veteran Construction Company (AVCCO) initially demanded — according to a settlement agreement WYDaily obtained through the Freedom of Information Act.
The school board, AVCCO and Fidelity Deposit Company — a performance bond company involved in the construction project — entered into a voluntary mediation in September after AVCCO sued the board. AVCCO claimed the school board, represented by Kristan Burch of Kaufman & Canoles in the mediation, did not compensate the construction company for the work performed on Dare Elementary after Hurricane Irene caused significant damage to the building in August 2011.
During the mediation, a neutral third party heard both sides of the dispute to work on a settlement.
The mediation lasted longer than Assistant County Attorney Melanie Economou expected, which she said was partly because of scheduling issues.
Documents show the $235,000 settlement was reached Dec. 5, 2014, with a case dismissal issued in York-Poquoson Circuit Court on Jan. 29.
AVCCO was originally hired to restore the school’s heating, ventilation and air conditioning system and its windows, but work was halted when the hurricane blew water into the building, causing mold growth and damage to the insulation and sheetrock.
YCSD claimed the company did not prepare the school site properly for the hurricane; meanwhile, AVCCO argued it took “commercially reasonable” measures to prepare for the storm and clean up the site after the storm, court documents show.
Water and mold damage caused both parties to hire mold remediation specialists to evaluate the damage, and the firm hired by YCSD felt far more work was necessary.
AVCCO claimed it did not receive the approved mold remediation plan until a month after former YCSD Superintendent Eric Williams terminated the company’s contract.
AVCCO sued the school board in March 2014 in the amount of $752,680.61 for money spent on labor, materials and equipment to prepare for the storm; the standby costs while AVCCO waited for the results of the mold remediation; subcontractor costs for the remediation work; the cost of an independent superintendent for the job site and several other items.
About 400 students were displaced from their school during the 2011-12 school year while several contractors worked to restore Dare Elementary.
The school reopened May 23, 2012, with staff moving back into the building over the summer and students returning to Dare Elementary for the 2012-13 school year, YCSD spokesperson Katherine Goff said.
Related Coverage:
- YCSD, Construction Company in Mediation for Dare Elementary School Lawsuit
- York School Board Faces Lawsuit Over Dare Elementary Construction Project
- Repairs at Dare Elementary Mostly Complete
- Superintendent: Dare Elementary Students Won’t Return to Classrooms This Year
- York County SB Terminates Contract with Dare Elementary Contractor
- Dare Students Expected to Move Into Trailers Dec. 12
- Progress Slow at Dare Elementary; Portable Classrooms Arrive
- Dare Elementary Parents Frustrated, Division Considers Portable Classrooms
- Water Damage Forces Dare Elementary Students Out of Classrooms
