WPCNR White Plains Law Journal. By John F. Bailey. February 11, 2007 With Copy of the Federal Court Decision: The 40-page Memorandum & Order issued by United States District Court Sourthern District Judge Charles Brieant  January 25, reveals changes in  White Plains-generated specifications during the course of construction which contributed to circumstances that  a project scheduled to be completed in one-and-a-half years took twice as long to complete.

Begun in January 2000, the “$28 Million” White Plains High School renovation was scheduled to be finished by September, 2001. It was not officially completed according to the architect until June 16, 2003, as described in the Court Order issued January 25.  The WPHS Class of 2003 spent their entire high school years with ongoing construction taking place in the school.

The Memorandum and Order would appear to indicate that White Plains City School District dispute with Travelers Casualty and Surety Company may cost the district more that the $2 Million speculated by Superintendent of Schools Timothy Connors to WPCNR last Thursday.

Payment Proposals Thursday

Both sides are to submit payment proposals on Thursday (February 15).  Depending on whether White Plains has already paid off contractors they signed liquidating agreements according to the suit, the payment to Travelers may be the only liability.  Mr.  Connors told WPCNR the $2 Million was the only amount outstanding but that he really did not have the final figure.

The Court Order indicates the amount in dispute owed by White Plains to Travelers to be $2,147,573.35  plus 3 years and 3 months of court-ordered interest, WPCNR has been told by an attorney familiar with such interest that it is paid at 9% a year 

The order  denies the White Plains counter claim against Travelers of  $7,295,564.31.

It is unclear whether the claims of other contractors (not the responsibility of Travelers) originally to be covered by the White Plains counter claim will be paid out of pocket by the school district now , or have already been paid. These figures are just what are contained in Judge Brieant's Court Order, with the final monies scheduled to be discussed Thursday.

Road Map of the Decision

WPCNR has received a copy of Judge Brieant’s decision from the City School District and as a public service we are providing a transcript as follows:

To give readers a walk-through of the sections of the decision, WPCNR provides the following guide:

Pages 1 to 5 identifies the parties involved in the project and the lawsuit, filed by  Travelers Casualty and Surety Company, as Administrator for Reliance Insurance Company, against the City School District. Pages 1 to 5 described the timeline of events leading up the filing of the Travelers suit October 15, 2003, and White Plains “Counterclaims” against Travelers and Tratoros Construction for $7,295,564.31. (page numbers appear at the bottom of each page.)

Page 6 - 7  describes White Plains obligations to two other contractors F.A. Burchetta, Inc. (the electrical contractor) in the amount of $2,015,966.31  and Richards Conditioning, Inc. (the HVAC contractor) for $1,364,598 (not yet paid by the Board)

Page 8 notes the Judge’s decision on what White Plains owes Travelers for the unpaid balance of the bond contract ($1,026,019.76).

Pages 9- 23 describes a key architect change in the thickness of stone panels (1-1/2 inch as originally specified, changed to 2-1/2 inches, and the subsequent respecification of metal hangers to support the thicker, heavier tiles; RFPs, Trench Cover and  Change Orders

Pages 24 to 34 report the Judge’s conclusions on when the high school project was substantially completed which figure prominently in this Court Order going against the City School District.

Pages 35 to 38 report under the heading “Misconduct of the Architect,” the Judge details the circumstances that lead the judge to find misconduct.

Page 39 sets the date when the parties are to come to agreement on the payments owed Travelers.

Herewith, WPCNR Posts the Court Order in two parts  in the next two stories. Read the posting after next block to see Part 1 of the decison.