The Escambia County (Ala.) Board of Education approved unanimously a recommendation by Superintendent John Knott to sue Holland Construction of Brewton and Hartford Fire Insurance Company following what the school board considers a breach of contract in the completion of a replacement building and renovation project at W.S. Neal High School in Brewton.
The original contract for the project was for $15,397,000 and dated Sept. 27, 2013.
According to the lawsuit, the actions of the two companies in failing to fulfill the contract has or will require the board 'to expend large sums of money for the cost of repairing inadequate work, completion of the project and repair of the property damage and defects and deficiencies in the project, has and will suffer loss of use of the project, and a diminution in the fair market value of the project and other damages.'
The board alleges that Hartford Fire Insureance Company and Holland Construction caused damages by negligence and wantonness in: failing to complete construction of the roof and securing the warranties; failing to complete correction of all shelter hardware; failing to complete the punch lists; failing to complete owner trainings; failing to replace defective and damaged water heater; failing to repair water damage; failing to complete and correct the canopies; failing to complete replacement of defective doors; failing to properly prepare the Phase II sit prior to beginning Phase II work, failing to identify, remediate and remove asbestos in accordance with the construction contract; failing to complete the asbestos abatement and corrective work; failing to complete Phase II; failing to properly investigate the background of Daniel Holland and/or Daniel holland Construction; and hiring and supervising and/or retaining Daniel Holland Construction.
The board is demanding a trial by jury in this case and seeks judgement exceeding $10,000, pre and post judgement interest, costs of the litigative action, and such other relief as the Court deems just and appropriate, plus punitive damages, according to the lawsuit.
In other business, in a motion made by Danny Benjamin and seconded by Mike Hoomes, the board approved the following action items: the Odysseyware program for core courses and electives in academic programs to include: standards based recovery, credit recovery, alternative educational programs, home bound students, career and technical, project-based learning, accelerated learning, virtual education options, and other instructional support options for the 2018-19 school year in the amount of $60,000.00; the Odysseyware Academy Program for a full virtual school option for students for the 2018-19 school year to include 500 semester course enrollments at $200 each for a total of $100,000.00, and authorization to add additional semester course enrollments as needed for active student enrollment; to extend the milk products bid awarded to Borden Dairy of Alabama for one year, from August 1, 2018 through July 31, 2019.
Upcoming events
The Escambia County Middle/High School Concert at 7 p.m., May 3, at the Escambia County High School Auditorium, followed by an Atmore Community Mass Gospel Choir event.
The 33rd Annual Academic All-Star Program and Reception will be at 6 p.m., May 10, at Escambia County High School. The scheduled guest speaker is Barbara Anne Spears, from the Alabama Community College System.
The Escambia County Teacher and Staff Retirement Recognition will be at 4 p.m., May 15, at Flomaton High School.
The Escambia County Career Technical Awards and Recognition Ceremony will be at 6 p.m., May 15, at Flomaton High School.
Area high school graduations include W. S. Neal High School on Tuesday, May 22; Flomaton High School on Thursday, May 24; Escambia County High School on Friday, May 25.
