Board approves multi-sports stadium change orders after heated debate over contractor performance

The Midland County School District Board of Education on a motion approved multiple change orders tied to the multi-sports stadium project at Kishbank Fields, after an extended discussion in which board members sharply criticized the contractor’s schedule, workmanship and management.

Board member Mister Baker and other trustees raised concerns about delays that disrupted graduations, practices and meets, and about construction quality — particularly a retaining wall — saying the district incurred inconvenience and risk when work ran past the contract completion date. “I don’t think we should be negotiating anything with them. I think they should be covering it all,” Baker said during the discussion. Board members and staff described disputes among contractor, manufacturer and the engineer over correct installation and noted defects that the district had demanded be remedied.

The board approved the largest contested item, a Keystone Sports change order to extend the upper deck of the home bleachers not to exceed $101,574 (listed on the agenda as “not to exceed a hundred and $1,574”). Baker and several trustees said they objected to paying additional sums after missed deadlines and workmanship problems; others said the district needed the parts and vendor support to finish critical bleacher components. Tom White, who the board referenced repeatedly in discussion as the district contact on the project, was credited by trustees for on-site oversight and for limiting costs compared with what outside construction managers could have added.

Other approved action on the stadium project included a Keystone Sports retroactive change order (listed as change order no. 9, retroactive to 3/27/25) for $3,395.59 to regrade the parking lot and improve sidewalk slope, and a credit change order from Hosler Enterprise LLC (mechanical contractor) reducing contract amount by $5,340 for unused allowances. Board votes were taken separately for each change order. The board’s roll calls show mixed votes on some items (several trustees voted no on the bleachers extension while a majority approved it).

During the debate trustees also discussed warranty work, the contractor’s responsibility after turnover, and the potential for claims or litigation. Several board members described common practice in public construction of contractors underbidding and later adding change orders. The board discussed that AIA-style contracts often favor contractors/engineers in disputes and that pursuing mediation or litigation can be costly.

Board members said they expect warranty and punch-list work to continue for up to a year — especially turf settlement — and that subs will return to address defects as specified in the contract. The board also discussed seating capacity and restroom access for commencement as part of the justification for finishing bleacher work now.

The board’s action: the change orders described above were approved by separate roll-call votes; several trustees recorded objections on the bleacher extension. Trustees asked staff to continue close oversight and to seek repairs and warranty performance from contractors and subs.

Ending — The board approved the change orders necessary to complete the stadium project while reserving expectation that warranty repairs and punch-list items will be addressed by the contractors; several trustees said they will continue to press for remedies and noted the district’s limited practical options outside mediation or litigation.