District Sues Architect, Contractor Over Gym Floor

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Sunday Telegram (Massachusetts)


WESTBORO — The school district and the School Committee have filed a breach of contract lawsuit against an architect and contractor for allegedly failing to properly remove and replace the gym floor at Mill Pond School.

The action was filed in U.S. District Court in Worcester this week against Berlin, Connecticut-based Jacunski Humes Architects LLC (JHA), and CRIS Contractors of Fryeburg, Maine.

The district is seeking $90,000.

According to the lawsuit, the June 14, 2013, agreement with CRIS called for the company to remove the existing gym floor at the Grades 4-6 school on Olde Hickory Path, prepare the subsurface for the application of an epoxy floor, and to apply the epoxy floor to the manufacturer's specifications. JHA was hired to provide construction documents, bidding supervision and to monitor the work done by CRIS.

Within two to three months after the work was completed, the flooring started to bubble in two spots. A month later, 11 such locations were identified, the plaintiffs maintain.

Nearly two years later on Aug. 18, 2015, the district hired a certified floor-covering consultant to determine the cause of the problem.

The consultant concluded that CRIS, among other things, failed to monitor the workmanship, properly apply the moisture mitigation system, failed to properly prepare surface for epoxy application, substituted one type of epoxy for another without approval, and improperly used chemicals to remove the existing flooring.

The consultant also determined that JHA, the architect, "failed to monitor CRIS throughout the project, which substantially contributed to the failures."

The flawed flooring had to be replaced, according to the suit.

The district's attorney, James T. Hargrove of Boston, did not readily return a phone call.

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October 22, 2017


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