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Mineola board terminates general-contractor contract for middle-school gym project
Summary
The Mineola Board voted to terminate, for cause, the contract with Burrow Construction Group LLC for the Middle School gymnasium addition and interior renovations after finding material breaches; the board authorized administrators and counsel to pursue remedies, including engaging the contractor pos;s surety.
The Mineola Union Free School District Board on March 26 voted to terminate for cause the contract with Burrow Construction Group LLC for the Middle School gym addition and interior renovations, citing multiple material breaches, including failure to supply sufficient skilled workers and materials, failure to correct deficient work, unpaid liens, and periods of nonperformance longer than permitted under the contract.
Board documents and the resolution read into the record state that the district notified Burrow of defaults in a January 12 letter; Burrow responded on Jan. 20, and the district engaged the contractor and its architects in efforts to get the work completed. The resolution finds that Burrow did not cure its defaults or give assurances satisfactory to the district that it could complete the work.
Assistant Superintendent Will Herman told the public that the decision was made in consultation with legal counsel and the project architects. "Moving forward with termination has been collectively decided as the best way to protect the district pos;s interest at this time," he said. Herman said discussions with the contractor pos;s surety have already begun and that the surety would be required to ensure completion if the termination becomes final.
Board members noted the project has experienced delays since design approvals and that this action is the first official step to move toward completing the work. The board approved the termination resolution after a motion and second; the vote was recorded in the meeting as "Aye" and the resolution was declared passed.
The resolution authorizes district administrators, staff, consultants and legal counsel to take all necessary actions to implement the termination and to pursue remedies, including engagement with the contractor pos;s bonding company. The district did not announce a replacement contractor at the meeting; board leaders said next steps will be pursued with the surety and project architect.
Closing: board and district staff said they expect to continue work with counsel and architects and to keep the public updated as remedies proceed.
