The turf installer for Middletown High School North’s football field is charging the Board of Education with breach of contract and says it is not to blame for problems with the field.
Mondo U.S.A. issued a formal statement May 20 in response to the Board of Education’s termination of the $768,710 contract awarded to Mondo for installation of the field.
According to Mondo’s statement, “Documents provided by the Middletown Board of Education have confirmed that the problems claimed by the Board of Education relating to the Middletown North High School football field resulted from the decisions made by the Board of Education’s representative, The Lucarelli Group, and the Board of Education’s architect, T&M Associates.”
Board of Education Attorney Christopher Parton said Friday that the breach of contract charges are unfounded.
“The board said that the work done on the field was not acceptable,” Parton said. “It was their job to complete the field and they did not do so.”
Mondo’s statement references two letters issued by The Lucarelli Group on April 11 and April 17. Both say that The Lucarelli Group and T&M approved a modification to the stone sub-base for the field on Oct. 2, 2007.
“Both letters also admit that neither The Lucarelli Group nor T&M sought any written approval from Mondo for the modification,” according to the statement. “In addition, the two letters admit that neither The Lucarelli Group nor T&M ever even provided any written notice to Mondo for the modification.”
The statement goes on to say that the letters further admit that the modification to the sub-base approved by The Lucarelli Group and T&M contravened the project specifications.
“Apparently, the reason that The Lucarelli Group and T&M approved the modification was because the original stone specified for the sub-base was temporarily unavailable,” the statement said. “Rather than wait the few days necessary for the proper stone to become available, The Lucarelli Group and T&M decided to proceed with non-specified stone.”
In doing so, the statement continues, “The Lucarelli Group and T&M instructed a subcontractor on site, Dartz & Matz, to install the non-specified stone, but did not provide any notice to Mondo of the modification until several months later, in March 2008.”
In its statement, Mondo claims the Board of Education is in breach of contract.
“Because the problems claimed by the Board of Education all resulted from the decisions of The Lucarelli Group and T&M, Mondo has denied responsibility,” Mondo states. “Mondo also has informed the Board of Education that the board is in breach of contract for invalidly attempting to terminate Mondo’s contract and wrongfully withholding payments due Mondo.”
A total of $355,000 of the $768,710 for the project has been paid to Mondo USA for work done on the field, according to Parton.
The statement concludes, “Mondo has recommended that the Board of Education hold The Lucarelli Group and T&M responsible for the consequences of their decisions.”
Parton addressed the matter at the board’s May 21 meeting at which those in attendance had waited two hours while the board discussed litigation matters in closed session.
“You guys wouldn’t be interested in the field would you?” Parton jokingly asked those who remained in the audience. “Well, here’s the update.”
According to Parton, as of May 12, the Board of Education sent the Pennsylvania based company a notice of default and termination.
“We will be working with the bonding company to make sure the construction is resumed and completed as to its specifications as quickly as possible,” Parton said. “We are unsure how Mondo will be involved at this moment or any other turf installer.”
The bonding company will make a determination on how to proceed, and Parton said that the board will cooperate fully with their recommendations.
“As of right now, we do not have a start date, we do not have an end date and we do not have a timetable,” Parton said. “But we hope it is as soon as possible.”