Marple Newtown School Board Officials Consider Forcing Default on Renovation Contractors

NEWTOWN SQUARE–The expressed disappointment with the progress of the ongoing high school renovations project and discussed taking steps to encourage the replacement of Wilson Construction at Tuesday night's meeting of the school district's Facilities & Transportation committee.

The board, joined by school district operations manager Mike Dumin, listed off a few complaints against Wilson: the slow, halting progress they've made towards completion of the pool and gymnasium, the reticence of their employees to submit to background checks, the occasional brash work they've done, and their inability or unwillingness to offer "satisfying" responses to direct questions about specific plans going forward.

Dumin added that over 20 school employees, janitors and other maintenance workers spent Labor Day weekend—including Labor Day itself—cleaning up after the construction company and rearranging rooms in preparation for the first day of school. The employees were all paid overtime.

The district is taking steps to address what they characterized as a growing problem. They are withholding half of Wilson's 10 percent retainage (about $750,000) until they are halfway done the project and have held several meetings—including a reportedly contentious one the morning of Sept. 13 between district and school board members, Wilson management, and the issuer of Wilson's bond.

Dumin said he told the company that they have 48 hours to submit to the district their plan for finishing the gym. Dumin also provided Wilson a six page list of the district's concerns and demanded a comprehensive response by the end of the week.

"If they want to improve their reputation, completing the gym and pool goes a long way towards repairing it," added Dumin.

If Wilson doesn't cooperate and accelerate their progress—in which Dumin expressed after the meeting that they have the resources to and anticipates that they will—the next step for the district is trying to force a default.

If Wilson hasn't reached "substantial completion" in their repairs of the gym and pool—that is, that the facilities are so far behind that they can't be used—then the issuer of their bond will put them in default and replace them. However, Dumin mentioned this process is lengthy and would push back completion of the project months.

The school board is hoping such a step won't be necessary, but is considering holding a pre-default hearing.

"It's a nuclear option," said Richard Sokorai, school board vice president.

Winter sports practice, the period of heavy use for the gym and pool, begins on November 18.

In other board business, principal Ray McFall warned the board that a 50-60-foot outdoor stretch the students will have to navigate until March to get to the music room may become a sore issue with parents.

Joe Driscoll, school district business manager, estimated that the Act 1 Index—the level to which the board can raise the district budget without putting it out to referendum—will be 1.7 percent after being at 1.4 percent last year.

Driscoll also told the board they should expect a million dollar increase in pension payments for the coming year—half of which the state will absorb.

The next Budget & Finance and Facilities & Transportation committees meeting will be on Oct. 11 at 6:30 p.m.