Source: http://www.timesleader.com, October 7, 2014
By: James O’Malley
A firm bearing the name of a former local engineer didn’t build the waste water treatment system it promised, a lawsuit alleges, and cleaning up the mess will seriously cost one community.
Salem Township filed the two-count suit Monday in Luzerne County Court against Michael J. Pasonick, Jr. & Associates, Inc., claiming breach of contract and negligence and seeking not less than $1 million in damages.
The suit claims the engineering firm failed spectacularly in upholding its $600,000 contract from 2007, and alleged infractions range from failure to properly test soil to neglect in using the proper manhole covers.
In construction, the firm eschewed the required American-made manhole covers, instead installing covers made in Canada, according to documents. The Canadian covers and accompanying frames must be replaced, the suit says.
Beyond paying for covers, replacement will also include the cost of pavement restoration, sawcutting and sealing, the suit continues.
Papers say the township must also remove and reset misaligned steps, seal roadway cracks, seal pavement around manhole frames and sewer main trenches, seal storm drain frames and seal driveways.
Due to design flaws and supervision failures on the part of the firm, the township also has been forced to contract additional work to repair private property, documents say.
Pasonick, Inc., also failed to obtain prior written approval of change orders from the state Department of Environmental Protection and the state Infrastructure Investment Authority, failed to submit copies of those orders to the aforementioned agencies and neglected to properly document those orders, the suit says.
The suit alleges the firm is retaining more than $300,000 because it did not properly submit the change orders, and Salem Township will be responsible for paying some $241,000 if the orders are not approved.
Pasonick, the firm’s namesake, was ousted as principal owner in May 2011 after he pleaded guilty to bribing a school board member. He was sentenced in 2012 to spend a year in prison.
An attempt Tuesday to reach the attorney who represented Pasonick in those federal court proceedings was unsuccessful.