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School District Facing Lawsuit

Posted on: Monday, 27 February 2006, 15:00 CST

By Andrew Becker, Contra Costa Times, Walnut Creek, Calif.

Feb. 27--BRENTWOOD -- A contractor who built modular classroom buildings for Heritage High School has filed a multimillion-dollar lawsuit against the Liberty Union High School District, claiming the district violated its contract and owes him money.

The suit, filed in Contra Costa Superior Court in Martinez, seeks more than $12 million in damages and payment. Liberty Union school officials maintain that the contractor completed design changes without board approval, rendering the contract invalid.

David Buckley, president and chief executive officer of Modtech, a Perris-based manufacturer of modular buildings, says state law requires him to finish the work. He said that the school district demanded his company complete the job, even though it hadn't approved the change orders.

"To this day, I don't understand their actions," Buckley said. "They have a real nice school, a beautiful school. All we asked initially is what's owed us."

Buckley added that he is seeking additional damages caused by the district's inactivity and "unwillingness to pay us for work performed."

Buckley had offered to accept less than the $11 million he says the district owes him, but the school district refused the offer. A government code claim filed earlier by Modtech seeking compensation was also rejected by the school board.

The school district was served notice of the lawsuit Friday.

Greg Wedner, attorney for the school district, said he hasn't had time to review the complaint, but he wasn't surprised about the suit because of the school board's earlier decision to reject Modtech's claim.

In September 2003, the school district and Modtech signed a $13.7 million agreement, the smaller of two main contracts for the construction of the new high school.

The school opened this fall with 15 modular buildings. The buildings house English, math, science, special education and history classes. Only a third of the buildings are occupied because there is no need for them yet -- only ninth and 10th-graders currently attend the school.

Andrew Becker covers East County education. He can be reached at 925-779-7116 or abecker@cctimes.com.

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Copyright (c) 2006, Contra Costa Times, Walnut Creek, Calif.

Distributed by Knight Ridder/Tribune Business News.

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Source: Contra Costa Times (Walnut Creek, Calif.)

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