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Attorneys for the Shawnee Public Schools have filed a lawsuit against an insuracne company responsible for the bonds to fund the track construction at Jim Thorpe Stadium.
The school is suing American Safety Casualty Insurance Company (ASI), an Oklahoma insurance coporation that holds the bonds for the track construction at Jim Thorpe Stadium, for damages in excess of $10,000 plus interest, costs, and legal fees for failing to perform its bond obligations to the school, according to the lawsuit.
The lawsuit comes after more than a year of negotiations broke down regarding the completion of the track under the performance bond between the school and ASI.
The Shawnee Board of Education during a special meeting Feb. 10 unanimously voted to file the lawsuit against American Safety Casualty Insurance Company (ASI).
The school district has been in negotiations between ASI and Homeland General Contractors, LLC, the company hired to build the track facility, on how the track would be completed. The lawsuit could later include Homeland General Contractors, Rob Duran, an attorney representing the school district, has said.
ASI is the only defendant listed on the lawsuit.
ASI wants other parties, including the school district, to help pay for the repairs to the track, and the school’s position is the district is not at fault and will not commit to those conditions, Duran said.
Homeland General Contractors first began construction on the track in August 2010. After the base concrete was poured, other subcontractors under Homeland General Contractors, were unable to complete the construction of the track because of “irregulairities of the track and the track’s departures from the strictures of the construction contract,” according to the lawsuit.
Testing revealed there was “widespread asphalt cracking and excessive and uneven asphalt elevation,” which prevented the completion of the track, the lawsuit states.
The school and Homeland Contractors then agreed to complete the track project around April 14, 2011, but discovered the problems with the asphalt were more widespread than estimated. This created another impasse between the school and construction company. The school then issued a declaration of Homeland’s default on the track to ASI on Aug. 12, 2011, the lawsuit reads.
After negotiations broke down with the insurance company, the school board voted to file the lawsuit against ASI.
The track project was part of a $22 million bond issue approved by Shawnee school patrons in October 2005. Construction on the Jim Thorpe Stadium project began in March 2010. Voters also approved additional funding for the track in November 2009.
The lawsuit was filed in Pottawatomie County District Court.
Attorneys for the Shawnee Public Schools have filed a lawsuit against an insuracne company responsible for the bonds to fund the track construction at Jim Thorpe Stadium.
The school is suing American Safety Casualty Insurance Company (ASI), an Oklahoma insurance coporation that holds the bonds for the track construction at Jim Thorpe Stadium, for damages in excess of $10,000 plus interest, costs, and legal fees for failing to perform its bond obligations to the school, according to the lawsuit.
The lawsuit comes after more than a year of negotiations broke down regarding the completion of the track under the performance bond between the school and ASI.
The Shawnee Board of Education during a special meeting Feb. 10 unanimously voted to file the lawsuit against American Safety Casualty Insurance Company (ASI).
The school district has been in negotiations between ASI and Homeland General Contractors, LLC, the company hired to build the track facility, on how the track would be completed. The lawsuit could later include Homeland General Contractors, Rob Duran, an attorney representing the school district, has said.
ASI is the only defendant listed on the lawsuit.
ASI wants other parties, including the school district, to help pay for the repairs to the track, and the school’s position is the district is not at fault and will not commit to those conditions, Duran said.
Homeland General Contractors first began construction on the track in August 2010. After the base concrete was poured, other subcontractors under Homeland General Contractors, were unable to complete the construction of the track because of “irregulairities of the track and the track’s departures from the strictures of the construction contract,” according to the lawsuit.
Testing revealed there was “widespread asphalt cracking and excessive and uneven asphalt elevation,” which prevented the completion of the track, the lawsuit states.
The school and Homeland Contractors then agreed to complete the track project around April 14, 2011, but discovered the problems with the asphalt were more widespread than estimated. This created another impasse between the school and construction company. The school then issued a declaration of Homeland’s default on the track to ASI on Aug. 12, 2011, the lawsuit reads.
After negotiations broke down with the insurance company, the school board voted to file the lawsuit against ASI.
The track project was part of a $22 million bond issue approved by Shawnee school patrons in October 2005. Construction on the Jim Thorpe Stadium project began in March 2010. Voters also approved additional funding for the track in November 2009.
The lawsuit was filed in Pottawatomie County District Court.
