Source: http://www.desmoinesregister.com, September 15, 2014
By: Christopher Platt
The West Des Moines school district has reached a $2 million settlement with contractors who worked on a renovation at Hillside Elementary School in 2004.
The district says windows at the school, 713 Eighth St. in West Des Moines, leaked for years.
In 2012, students were moved to temporary classrooms at Lutheran Church of Hope for two months while windows were replaced and the school was cleared of mold.
The district sued multiple companies involved in the design and construction of the facility for breach of contract.
“This is recouping costs that we incurred in making repairs to the building,” district spokeswoman Elaine Watkins-Miller said Friday.
The settlement, approved unanimously by the school board on Sept. 8, is $750,000 shy of the approximate $2.75 million the district spent to repair and replace Hillside’s windows and repair work from the 2004 renovation, according to Watkins-Miller.
But, she said, the district will avoid the “uncertain outcome of a trial.”
“It does allow us to ultimately move forward with having an environment for our students that we feel is a quality learning environment,” Watkins-Miller said.
Under terms of the agreement, each of the parties denies any and all liability.
Payments to the district are expected to range from $20,000 to $565,000. RDG Education or its insurance provider will pay $565,000. The planning and design firm was retained for architectural and engineering services.
Watkins-Miller was not immediately able to comment on the cost of legal expenses the district incurred related to the lawsuit. The Des Moines law firm of Ahlers & Cooney represented the district.
The settlement money will likely be directed to a specific fund with tight restrictions on its usage.
Payments to the district
According to the agreement, the following parties and/or their insurance carriers will pay the West Des Moines Community School District a combined $2 million.
• The Weitz Co. and Capital Resources Group: $560,000
• RDG Education: $565,000
• Seedorff Masonry: $150,000
• Midwest Glazing: $215,000
• Argos Corp.: $40,000
• Fabricated Concrete Structures: $20,000
• Central States Roofing Co.: $100,000
• Dallas Construction Corp.: $95,000
• Topping Out Inc.: $35,000
• Allied Construction Services Inc.: $200,000
• Midwest Caulking Inc.: $20,000
Source: West Des Moines school district documents