Construction firm suing school district

A Carnegie construction company is suing West Jefferson Hills School District for breach of contract for failing to pay it nearly $1 million as part of the new high school project.

Gito Inc., which operates as Nello Construction Company, filed the complaint in Allegheny County Common Pleas Court on Monday. It seeks $936,926.80.

Nello said in its complaint that it entered into a contract with the district on Feb. 16, 2016, to perform general contracting work in the construction of the new Thomas Jefferson High School, which opened to students in August.

The contracted amount was $44.2 million, the lawsuit said, but changes over the course of construction increased the amount to $48.3 million.

On Dec. 11, Nello sought $857,000, which represented a reduction in the $1.5 million retention fund to cover any reasonable and remaining work on the project, said Nello attorney Dean

Falavolito.

The district did not challenge that payment within 15 days, the complaint said, therefore its failure to pay violates the Prompt Pay Act.

On Feb. 21, Nello issued an additional bill for nearly $80,000 for a change order that had previously been approved by the district. That change order, Mr. Falavolito said, was to upgrade security doors.

Again, the complaint said, the district didn’t pay or challenge the bill.

Mr. Falavolito said he has repeatedly told the district if the bills weren’t paid, a civil complaint would be filed.

“We haven’t been able to get the school board to move on it,” he said. “I’ve been telling them every day for the past 30 days.”

A message with the district solicitor was not immediately returned.

Although the new high school opened to students in August, some work is still ongoing, the attorney said, including landscaping changes, addressing sound panels in the auditorium and roof work.