The Register-Herald, Beckley, West Virginia

Latest News

February 9, 2013

Greenbrier BOE files suit over school construction

— The Greenbrier County Board of Education has filed a lawsuit against four companies involved in the construction of Lewisburg Elementary School, leaving at least one firm’s president puzzled over being named as a respondent.

The allegations of wrongdoing in the suit center on the work performed by Carpenter Reclamation Inc., a Charleston-based contractor responsible for site excavation and preparation.

Working under a contract worth just below $1.2 million, Carpenter excavated the site where the 71,000-square-foot school was later built. The suit claims that Carpenter blasted to a “deeper depth” than the contract called for and installed “a liner which was found by those inspecting its work to be defective.”

The cost to replace the liner was $14,100, according to the suit.

The excessively deep site excavation caused the other companies named in the lawsuit alongside Carpenter to incur extra expense beyond the original contract amounts. Those contractors — Dougherty Company Inc., and Swope Construction Co. — then billed the Board of Education for the additional amount needed to complete the project.

Dougherty served as the project’s plumbing contractor, while Swope was the lead contractor constructing the school building, with a contract exceeding $8.3 million.

Dougherty’s extra expense came to $10,587, according to the lawsuit, while Swope incurred an additional $212,645.42 in expenses due to Carpenter’s alleged error.

Both Dougherty and Swope are still awaiting payment from the board and will now also presumably incur legal fees to answer the lawsuit.

“It’s kind of a surprise to us to be named in this lawsuit,” Swope Construction President Ron Mallory said in a telephone interview with The Register-Herald.

“They (the Board of Education) have a dispute with the site contractor, not with us,” Mallory said. “We did corrective work, and we haven’t been paid for that work. We have a change order and everything.”

He added, “It was a very good project for us and for the Board of Education. I hate that they felt they had to do this (file a lawsuit) to resolve the problem.”

In addition to the three contractor companies, the suit names Western Surety Co. as a respondent. Western Surety provided Carpenter’s performance bond.

The lawsuit claims that a notice of nonconforming work was issued to Carpenter, but Carpenter did not remediate the problem, leading the board to spend an extra $5,800 on evaluations, reviews and testing of the company’s work sites.

The board’s legal counsel formally notified both Carpenter and Western Surety on July 25, 2012, according to the suit, but “Carpenter and Western Surety have failed and refused to respond to the notification.”

The lawsuit was filed Jan. 25, with all four companies listed as respondents given 30 days to answer the complaint.

Telephone messages left with the offices of Dougherty and Carpenter seeking comment for this story were not immediately returned. Attempts to reach Western Surety were also unsuccessful.

— E-mail: talvey@register-herald.com

1
Text Only
Latest News
  • Easter service Sunrise service

    April 21, 2014 1 Photo

  • Historic district Uptown Beckley: Historic district may be history

    State historians fear the proposed demolition of three buildings on Neville Street in uptown Beckley could lead to the area being removed from the Historic Register.

    April 21, 2014 1 Photo

  • Organization keeps tabs on your tax dollars

    Last week, the deadline arrived for citizens across the state and country to pay their 2013 income taxes.
    But how exactly are those federal income tax dollars spent by the government?

    April 21, 2014

  • Report: Rumors about vaccines threat to health

    When 28-year-old Beckley mom Brooke Robinson gave birth to her son AJ four years ago, she was a first-time mom who wanted the best for him.
    Like many of her generation, she turned to the Internet and social media to learn about parenting.

    April 21, 2014

  • Reality show Wyoming native thanks area supporters of reality show

    Imagine living in the primitive “past,” with no showers, a dirt floor, little food and only a fire to stay warm. As you live without electricity and eat basic meals on a hard, wooden bench, a glass wall separates you from “space age” conveniences and comforts like luxury bedding, a user-controlled Jacuzzi and even heated toilet seats.

    April 21, 2014 1 Photo

  • Human remains found near White Sulphur Springs

    Law enforcement officials are investigating human remains discovered by a local resident near White Sulphur Springs on Friday afternoon, according to Greenbrier County Sheriff Jan Cahill.

    April 20, 2014

  • easterchurch Happy Easter

    April 20, 2014 1 Photo

  • ed photo Fayetteville celebration pairs entertainment with environment

    When you’re finished with this newspaper, what are you going to do with it? Will you just chuck it in the trash or will you recycle it? A local celebration has the goal of opening your eyes to what everyone can do to help the environment, from building with junk to clean coal technology.

    April 20, 2014 3 Photos

  • trees cubs Scouts and a scientist plant American chestnuts at Summit

    The American chestnut tree has become hard to find. You might have seen a chestnut tree, but chances are that it was a Chinese chestnut or a Japanese chestnut. By 1950, a blight had killed about 4 billion trees from Maine to Georgia. The American chestnut is mostly gone.

    April 20, 2014 3 Photos

  • FOIA ruling allows government agencies to charge for finding public documents

    The Freedom of Information Act isn’t quite so free after the West Virginia Supreme Court of Appeals ruled last week that government agencies can charge an hourly fee for the time it takes to find public documents.

    April 20, 2014