- Published on Wednesday, 27 November 2013 21:24
- Written by Super User
By WILLARD KILLOUGH III
KURE BEACH - The Kure Beach Town Council went into closed session at their November 19th, meeting to discuss ongoing litigation in the case of Integrity Builders versus Town of Kure Beach.
Earlier this week Town Clerk Nancy Avery explained, "There was no decision or settlement about the oceanfront park contractor case at the closed session. Council designated Town reps to attend mediation in December as Mayor Lambeth, Commissioner Heglar, former Commissioner Jim Dugan, along with the attorneys."
The case concerns construction of the Town's new oceanfront park on Atlantic Avenue in the downtown area.
In December 2011, Council terminated the contract with the original contractor and negotiated with the insurance bonding company to select a new contractor to resume work.
In a press release issued Tuesday April 3, 2012 it stated, "The Kure Beach Town Council voted in a special meeting on Thursday, March 29, 2012 to accept a takeover agreement with The Gray Casualty and Surety Company of Metairie, Louisiana (bonding company) to complete construction of the Ocean Front Park project and is waiting final signature from the bonding company.”
As part of the takeover agreement, the bonding company hired Landmark Corporation of Johnston City, Tennessee as the completion contractor. Landmark Corporation is licensed in 48 states and was experienced in finishing projects where there has been a change of contractor.
Existing unacceptable work on the site was removed and rebuilt.
The project consists of an open-air pavilion for concerts and other events, a public restroom, small playground for tots, walking path, swings and benches. The park site is located at 105 Atlantic Ave in the heart of the Town and across the street from the ocean. Also as part of the project, the boardwalk from K to L Avenue was replaced and four wooden platforms extend from the boardwalk towards the dunes. The platforms have swings for viewing the ocean. A fifth platform is for an ADA conforming viewing area.
The original contractor, Wayne Laws - Integrity Builders LLC - explained in 2011 there were issues with the project and he modified the plans. Because he didn't request change orders from the Town, he would be responsible for the cost of repairs.
He said of the concrete finisher, "It's not the best finish job I've ever seen. He is willing to do whatever he needs to do to take care of it. Ponding is also his fault." He said other modifications such as the height of concrete at restroom entrances had to be changed. The Council discussed alternative solutions but after multiple meetings, no resolution was reached.
In addition to other issues, the Town claimed the concrete poured for the pavilion was uneven and would cause ponding of rainwater. They took issue with the quality of workmanship on the wooden boardwalk and crossovers.
Later on Integrity Builders filed a lawsuit. They alleged breach of contract, breach of expressed and implied warranties, breach of implied covenant of good faith and fair dealing and seeking in excess of $10,000 for each claim, interest and cost of the action and attorney's fees.
At a meeting in 2011, Wayne Laws said, "I need better communication. I don't feel I'm getting the feedback I need to help me build this building. There are a lot of
things that aren't working. I put myself at risk - obviously I'm going to take care of this problem - but I put myself at risk by not following the plans to make sure this works. I'm not going to do that from now on. You need to communicate because I'm not going to deviate from the plans at all." Laws said he chose to alter the plans to address certain issues and said the plans were not entirely up to code.
The Town pointed out in previous meetings that a clause in the contract with Laws said deviation from the plans would be his responsibility if the Town did not approve permission before making changes.
The project was completed and a grand opening was held Friday, April 26, 2013.