Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Finance Invoices topic
No spam. Unsubscribe anytime.
Committee approves $2.285 million in construction invoices after debate over withholding from EEI
Summary
The Nashua School District joint special building committee voted to approve amended construction invoices totaling $2,285,295.95 after discussing withholding retainage from Energy Efficient Inc. for unfinished mechanical, electrical and plumbing work.
At a joint special building meeting in the Nashua North Boardroom, committee members voted to approve amended construction invoices totaling $2,285,295.95 after a lengthy discussion about withholding retainage from Energy Efficient Inc. (EEI) for unfinished MEP work.
Why it matters: The vote clears payments tied to several school projects — including Birch Hill, Maine Dunstable, the security vestibule project and Stellos Stadium — while committee members debated using unpaid retainage as leverage to finish outstanding technical items that could affect building systems.
Mr. Smith, who presented the invoices, told the committee EEI had not completed about two dozen items flagged on a punch list and recommended holding back part of the retainage. "I'm recommending that we withhold 40,000 for each school," he said, citing the value needed to finish the outstanding work plus a margin.
Alderman Sullivan pressed for a stronger penalty. "I'd like to make a motion to withhold a 100,000," he said, arguing the amount should 'hurt' enough to ensure the work is completed promptly. The motion to increase the withheld amount was discussed and later withdrawn amid concerns about legal defensibility and potential litigation if the district withheld more than the measurable value of unfinished work.
Other members and the construction manager, Bridal Norell of Harvey Construction, described the standard industry practice for retaining funds — calculate the value of incomplete work and withhold that amount plus a percentage to secure completion. Norell said Harvey would assist if the district needed to complete items before final contractor departure and said Harvey expects to present a final bill in October.
Despite the debate, the committee approved the amended invoices as presented for $2,285,295.95. The motion passed by voice vote; members responded "Aye" when the clerk called for the vote.
Details presented in the meeting show line items including retainage changes, work by Harvey Construction, invoices for Musco lighting at Stellos, and a long set of payments to Energy Efficient Inc. The committee also discussed potential next steps if EEI fails to finish outstanding items, including using withheld funds to hire another contractor to complete the work.
The committee adjourned at 8:01 p.m.
