PITTSBURGH – A Western Pennsylvania school district is seeking compensation from the construction firm who built an entrance bus canopy at one of its elementary schools, which failed after nearly 15 years of use.
Belle Vernon Area School District of Belle Vernon first filed suit in the Fayette County Court of Common Pleas on April 4 versus Tremco, Inc. of Beachwood, Ohio.
“Plaintiff owns a building located at 500 Perry Avenue, Fayette County, Pennsylvania, known as ‘Marion Elementary School.’ Defendant provided a quote for certain work dated Oct. 19, 2005, related to the construction and installation of the entrance bus canopy at Marion Elementary School. This quotation included a specified scope of work for the sum of $75,000,” the suit says.
“Plaintiff accepted that quote on the same date, at which time the quote was returned to defendant by facsimile. Under the scope of work in the proposal, defendant was to design, install and properly secure a bus canopy at the entrance to the Marion Elementary School. Included in the proposal is a ‘Tremco Performance Warranty.”
The suit adds that the plaintiff does not have a physical copy of the “Tremco Performance Warranty.”
“Defendant created and provided the design of the bus canopy system that was installed at Marion Elementary School. At some time after Oct. 19, 2005, the bus canopy system was installed at plaintiff’s Marion Elementary School. On or about Sept. 19, 2019, the canopy system partially failed, causing roof damage to the main structure. After that partial failure, defendant was advised of that partial failure and issued plaintiff a quote for a scope of work for replacement in the amount of $76,600. On or about July 22, 2020, the canopy system completely failed. The canopy system collapsed and unattached from its moorings into the structure of the building,” the suit states.
“Specifically, the canopy’s right front column was completely sheared, the left front column was partially sheared, the decking and joists had separated from the back half of the canopy, and the edge support beams had pulled away from the columns. The District believes and therefore avers that the canopy was not designed properly, was not installed properly, and was not anchored properly. Defendant’s accepted quote included the design, installation and anchoring of the canopy. At all times relevant hereto, the design, installation and anchoring of the canopy was in the sole control of the defendant. The canopy system has failed, was improperly designed, constructed and/or installed, and will require full replacement.”
The defendants then removed the case to the U.S. District Court for the Western District of Pennsylvania on April 28, pointing to diversity of citizenship between the parties and the amount of damages in question, which exceed $75,000.
For counts of breach of contract and breach of warranty, the plaintiff is seeking damages in excess of arbitration limits.
The plaintiff is represented by Amy R. Schrempf and Joseph W. Cavrich of Andrews & Price, in Pittsburgh.
The defendant is represented by Michael P. Flynn and Paul A. Roman Jr. of Dickie McCamey & Chilcote, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-00706
Fayette County Court of Common Pleas case 2058-2021
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com