Date: Fri 29-May-1998

Publication: Bee

Author: STEVEB

Quick Words:

building-committee-lawsuit

Full Text:

Building Committee Authorizes Payments To Avoid Lawsuits

BY STEVE BIGHAM

The Public Building & Site Committee voted Tuesday to release withheld funds

to a pair of contractors in an effort to have lawsuits against the town

dropped.

Before the checks are signed, however, the town must receive a letter from the

attorneys agreeing to drop the suits, according to committee chairman Frank

Krasnickas.

"There is no guarantee the lawsuits are going to be dropped," he said.

Last week, Town Attorney David Grogins informed town officials that the suits

would be dropped if the town paid the money it had held against Kennedy

Electric and Darien Asphalt. Both have sued the town for funds they said are

owed for their work on the $28 million Newtown High School renovation and

expansion project.

According to Mr Krasnickas, the companies had been paid for about 95 percent

of the work completed. However, the remaining five percent retainer fee was

held by the town. Members of the building committee voted to withhold this

money because of questionable overtime fees and slow progress on the high

school job.

First Selectman Herb Rosenthal said the retainer fees will only be paid

pending withdrawal of the lawsuits. He declined to comment further, but stated

last month that he ordered that the bills be paid soon after being told the

building committee voted to deny payment.

If the lawsuits were dropped, Kennedy Electric of Torrington would receive

$128,000 and Darien Asphalt about $130,000, according to Mr Krasnickas. Both

companies are being represented by Michelson, Kane, Royster and Barger, P.C.

of Hartford.

Kennedy Electric filed a lawsuit April 24 against the town and two members of

the building committee. The action against building committee members Tony

DeCarlo and John Lipusz claims the two men, both trade union members, showed

"animosity" toward Kennedy Electric, a non-union contractor. There has been no

indication as to whether this portion of the lawsuit will also be dropped.