PITTSBURGH – A Pittsburgh construction company seeks restitution for costs it says it is owed in connection with a project it completed for the McKeesport Area School District.
Gurtner Construction Company, Inc. of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Feb. 7 versus the McKeesport Area School District, of McKeesport.
The suit states that on Oct. 7, 2011, the parties entered into a contract where Gurtner would perform construction services for the New Cornell Elementary/Intermediate School for $29,251,000 – though with later approved change orders, the final price totaled $29,503,094.30.
Gurtner acted as a “single-prime” contractor on the project, and the School District engaged a separate contractor to perform demolition work, a necessary predecessor to Gurtner’s own contracted duties, the suit says. Gurtner claims it has completed all of its work on the project in conformity with the plans and specifications and has otherwise performed all of the terms and conditions of the contract.
But despite the completion of its work, Gurtner says the School District has not issued final payment to it under the mutually agreed-upon contractual terms. Gurtner says this action of bad faith, in addition to a number of delays which violated the contract terms, are other grounds for the initiation of the lawsuit.
For multiple counts of breach of contract (base contract retainage) and breach of contract (disruption/delay), the plaintiff is seeking damages of $325,387.30, plus interest, penalty interest, attorney’s fees, lost profits and such other and further relief as the Court shall deem just and proper, in addition to a trial by jury.
The plaintiff is represented by Christopher R. Opalinski, Timothy D. Berkebile and Katherine L. Pomerleau of Eckert Seamans Cherin & Mellott, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-001883
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com