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.
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.
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.
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 will come from the remaining funds in the turf field account, he said. Kaestle Boos Associates agreed to contribute $8,333 and BSC Group, Inc. agreed to contribute an additional $8,333.
“In addition, Kaestle Boos 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.
Lee, Town Attorney Michael Mastrianni and Dennis Cavanaugh from Robinson & Cole met with a counsel from the project designers and contractors.
LaRosa originally wanted $275,000 with $137,500 charged to Dalton Track for labor and material copsts. The other $137,500 from that was asked for to remove the defective track and milling and repaving the asphalt base for the new track.
Kaestle Boos 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.
The design team contended that the asphalt base was sufficient the defects were caused by the contractors’ improper installation.
The contractors’ use of material not specified by the architect could also have caused the defects, they said.
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.