CONTRIBUTED BY BCISD

On January 18, 2012, Bay City ISD filed suit against Satterfield & Pontikes Construction, Inc., RWS Architects, Inc., Professional Services, Inc., Polasek Construction, Inc., and Dr. Ned E. Walton for design errors, construction defects, and construction management issues related to the Bay City High School, and the Bay City ISD Administration Building. BCISD continues to experience numerous difficulties with the facilities built as part of its 1998 bond program. The difficulties touch on foundations, mechanical, electrical, plumbing, window systems, and other issues. BCISD has hired numerous professionals to assure that it can identify and eliminate any potential risks to students, staff, and visitors, and it has already taken many steps to assure the facilities are safe and that they are as functional as possible. The District will do everything in its power to maintain a safe, quality learning environment. BCISD and its consultants are carefully evaluating the causes and potential solutions for these difficulties. Based on our legal counsel’s advice, we must limit our comments to avoid complicating matters further, but rest assured, all facility concerns are being appropriately addressed as quickly as possible.

Q: Is there any risk to students and/or employees at either the high school or the administration building?

A: At this time, the District is not aware of any defects that would pose an immediate threat to students or district employees. The District has hired consultants to evaluate the facilities and determine any safety issues. As we discover potential safety concerns, we work to quickly remedy them. To the extent disagreements exist concerning the application of various code requirements, the District intends to contact appropriate code officials to assure compliance and safety planning. The District is committed to protecting its students, its employees, and the public.

Q: What defects have already been corrected.

It is difficult to provide an exhaustive list of all the things that have been done to improve conditions at the District’s facilities. Major items include the replacement of numerous natural gas lines at the high school that experienced premature corrosion. The District was also able to secure follow-up performance by the electrical sub-contractor at the high school, at no cost, to remedy numerous electrical problems. The estimated cost of the electrical inspection and repair work would have been tens of thousands of dollars. Currently, the District is taking affordable steps to improve drainage around the high school to lessen the movement of the foundation.

Q: Why has the District decided to file suit now?

A: Many of the errors and defects at issue did not manifest themselves until well after the

buildings were completed and occupied. Also, the severity or extent of other known problems was not fully appreciated. As we have investigated the known defects, more have surfaced, and the process of determining the extent of the issues, the responsible party, and the most effective remedial measures has taken a great deal of time and effort. The District has also attempted to permit certain parties to remedy their errors without entering into litigation. These efforts at negotiation have succeeded in avoiding some remedial costs and permitted the District to obtain more information before filing claims. Unfortunately, there are several serious defects remaining, and the District is left with no option but to file suit against the responsible parties in order to preserve its opportunity to recover damages.

Q: Will funding of the litigation affect the funding of any District programs?

A: Barring any unforseen circumstances, the litigation should not negatively affect the funding for any current District programs. The District has been working to find the most costeffective solutions to the numerous defects plaguing the High School and the Administration Building for some time, and we have determined that the best method of remedying the remaining design and construction defects is through legal action against those responsible for creating them. The Board of Trustees, after weighing all available options, determined

that legal action was prudent and necessary, and we have worked closely with legal counsel to gain confidence that the anticipated litigation expenses will not inhibit our delivery of school services under the current budget.

Q: How long do you expect the suit will take to complete?

A: Generally, suits of this nature can take anywhere from several months to years to complete. We are hopeful that most claims can be resolved in less than two years.

Q: If the District does not recover damages, how will it fund the required remedial work?

A: Regardless of the outcome of the lawsuit, the District will continue to prioritize the defects based on their severity and the effect they have on the day-to-day operations of the District.

We will continue to prioritize all repairs affecting the safety of our students and staff, and we will address less critical issues as funds, from whatever source, become available.