Town Sues Splash Pad Contractor Over Flawed Concrete

The Vermont town of Bennington is suing the contractor responsible for a partially completed and totally unusable splash pad.

According to the Bennington Banner, the town is suing Water Splash Inc., claiming the concrete for the facility was improperly laid.

The town has already paid the company $90,000 of the total $127,680 price for the contract work completed before drainage issues halted the project last year.

"Shortly after Water Splash began the project installation, significant deficiencies in the work product became apparent," the suit states, and on Dec. 12 of 2018, the town notified Water Splash CEO Gokhan Celik of the deficiencies and requested they be corrected.

In spring of this year, a Water Splash technician tested the splash pad and confirmed the deficiencies, however the company never made any attempt to fix the problems.

A media release from the Grow Bennington Initiative, which spearheaded the project, called Water Splash a “reputable” company but also noted that they have been “shocked” at the company’s “radio silence” on the matter.

The release adds, "Local concrete contractors did not complete the initial installation because Water Splash was not able to secure the services of a local contractor at the time of install. However, a well-regarded local contractor has stepped up and offered plans to fix the problem. 

Assistant town manager and planning director Daniel Monks said in the release that, "Contrary to the gossip of some, we did not already pay Water Splash the full contract amount. We held back significant funds and have sued to recover partial payments already made along with legal fees, etc. Once we get the green light from our attorney or the court, we will resume construction with a new contractor, if Water Splash is unwilling or unable to complete the project."