PLAINVILLE – The town has reached a settlement on the improperly installed high school track and will pay a portion of the costs to re-install it.
Although the cause of the bubbling track was disputed, the parties agreed that a new asphalt base included in the remediated track would extend its lifespan. The parties ultimately agreed to settle the claims with a lump sum payment to general contractor LaRosa for $60,000. Of this, the town will pay $43,334.
LaRosa, Town Manager Robert E. Lee explained, was originally seeking more than $275,000.
“At the end of the day, we ended up paying a lot less than LaRosa originally wanted,” said Lee at Monday’s town council meeting. “The town’s share which will come from the remaining funds in the turf field account. KBA agreed to contribute $8,333 and BSC agreed to contribute an additional $8,333. In addition, KBA agreed to write-off and release the Town from its claim for $70,000 for additional architectural services related to the remediation effort.”
The mediation session to resolve the dispute, which lasted more than eight hours, was held before Retired Superior Court Judge Jonathan E. Silbert on Dec. 1. Town Manager Robert E. Lee, Town Attorney Michael Mastrianni and Dennis Cavanaugh from Robinson & Cole met with a counsel from LaRosa Earth Group, LLC, Kaestle Boos Associates, Inc., BSC Group, Inc., TJL Industries, LLC and Dalton Track and Tennis were also in attendance. KBA had provided design services for the project, BSC was a sub-consultant for the design of the athletic field and track and LaRosa was the General Contractor for the field and track improvements. LaRosa also had a subcontract with Dalton to furnish and install the track resurfacing.
LaRosa wanted $275,000 that LaRosa originally wanted represented $137,500 charged to Dalton Track for labor and material and $137,500 incurred to remove the defective track and milling and repaving the asphalt base for the new track. KBA had sought $70,000 for additional architectural and construction administration fees resulting from the remediation.
The contractors and designers disagreed as to the cause of the problems with the installation of the running track in 2015. The contractors contended that the asphalt base of the track lacked the necessary strength to accommodate the track surfacing material that was installed. The contractors also alleged that the original project design was defective because it failed to require that the old asphalt base be tested before the commencement of construction or replaced as part of the original design. In contrast, the design team contended that the asphalt base was sufficient to accommodate the latex track surfacing material and that the defects were caused by the contractors’ improper installation of the surfacing material and/or the contractors’ use of a material that had not been specified by the architect.
The ultimate agreement required approval of the Town Council, which they gave at Monday’s meeting. Had the Council failed to approve the settlement, the next step would have been to proceed with an arbitration process. Lee noted that if the claims were arbitrated, the town would have likely incurred legal fees in excess of the originally proposed settlement.
For more information on the settlement, visit plainvillect.com and look under the “news” tab.
Brian M. Johnson can be reached at 860-973-1806 or firstname.lastname@example.org.