ROCKINGHAM — The town of Rockingham has filed a lawsuit against architectural firm Sheerr McCrystal Palson Architecture, Inc. (SMP), seeking $535,000 in damages over lack of a performance and payment bond with construction manager Baybutt Construction during last year's Rockingham Free Public Library (RFPL) renovation project.
Baybutt declared bankruptcy last spring. Without the performance and payment bond in place, subcontractors were left unpaid, and the project stood unfinished and “open to the elements.”
The town of Rockingham assumed the RFPL Trustees' responsibility for the renovation project last spring and settled with most subcontractors.
The Selectboard and the RFPL Trustees met on Feb. 18 and, coming out of executive session, both boards voted to waive arbitration and ask counsel to pursue litigation in civil court.
Citing added costs of bringing in a new contractor and architect, settling with subcontractors, and not being able to complete the renovation as bonded, the suit alleges the quality and extent of the renovation had to be compromised.
The town manager, sought for his perspective, referred The Commons to town attorney Stephen Ankuda, whose office said he was not available for comment.
ADA complaint
Following an Americans with Disabilities Act (ADA) complaint filed by Jim Mitchell with the Vermont Human Rights Commission last fall, both the library and fire and police facilities have been tasked to become ADA-compliant.
Municipal manager Willis “Chip” Stearns III said the inspection team has completed inspecting the town hall, library top floor, and the basement. He said all that remains to be checked is the library's main floor and the Bellows Falls fire/police facility.
“I have an expectation of a laundry list of findings with some form of guidance on actions the town/village will need to take,” Stearns said. “No report of results will be submitted to us until the inspections have been completed and reviewed.”
Lawsuit list growing
Stearns told the two boards that with library building problems cropping up recently - copper over the entrance is coming off the roof, and a sink by the men's room on the meeting room floor isn't ADA-compliant and needs to be moved - items will be added to the list of the town's suit against the architect.
Stearns noted that all legal fees associated with the lawsuits against SMP and Baybutt will be charged to the renovation budget, and the cost of damages will rise.
He said he hoped that lost revenue can be recouped through pending litigation. He said if things go as the contract reads for maximum damages allowed, these costs would be covered for the town.