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New York-Construction Defect in York County Juticial Center
Monday, 02 January 2006
$222K just to look
The county will pay an engineering firm up to $222,000 to design and oversee the process of fixing leaky windows at the York County Judicial Center.

New York Dispatch
$222K just to look

Price tag doesn't include cost of fixing leaks, heat

CARL LINDQUIST The York Dispatch

The county will pay an engineering firm up to $222,000 to design and oversee the process of fixing leaky windows at the York County Judicial Center.

The Judicial Center cost the county millions more than initially expected because of additions, problems with its design and other reasons. Latest estimates put the final price at about $66 million.

The $222,000 does not include the cost to fix the windows or a heating problem, according to Chuck Noll, county administrator/chief clerk.

Commissioners approved paying the money to Maryland engineering firm Simpson, Gumpertz & Heger to design a fix for the window problem, prepare bids and provide inspection and administration services.

County facilities manager Director George Meshew has said in the worst-case scenario, fixing the leaky windows could cost upwards of $720,000.

Commissioner Lori Mitrick said she expected the money to be reimbursed to the county. Citing pending litigation, she wouldn't say who would provide the cash.

OK'd filing for arbitration: After approving the spending for the windows, commissioners also approved filing for binding arbitration with the general contractor of the York County Judicial Center because of "unresolved construction deficiencies."

The move signals that negotiations with contractor Kinsley Construction Co. to determine the extent of financial responsibility for problems at the center, which could include the leaky windows, heating issues or others, have failed.

In addition to the window problem, some of the building's offices experience heating problems in the winter. Meshew has said fixing the heating problem could cost up to $50,000.

A stipulation in the contract with Kinsley provides for dispute resolution via binding arbitration, according to county solicitor Mike Flannelly.

Citing pending litigation, county officials aren't saying what compensation they want from the company, or specifically which problems they believe are the company's fault.

Though negotiations are ongoing, the county earlier this year also filed paperwork that preserves its right to sue the architectural firm that worked on the building, Washington, D.C.-based Hellmuth, Obata and Kassabaum.

Jon Kinsley, the construction company's president and chief operating officer, said Thursday the company has yet to receive notice of the demand for arbitration.

"We have been and continue to remain willing to seek a solution to the problem," Kinsley wrote in a statement. "We agree with the county's course of action in designing a remedy and we look forward to receiving the findings of the county's consultant."

Praise, despite problems: Noll said that although the building cost the county more than expected, it's still an excellent facility.

"It's a great building. It's being used as a model and being visited by a lot of other counties who look to this is a standard for them," Noll said. "It does have some problems, so we'll get those corrected."

Plus, he said, even with an original design, it ended up costing the county less by space than similar buildings erected elsewhere.

"It's a new building with a very unique design. These things happen," Noll said. "We didn't build a box. We didn't believe the taxpayers of this county wanted us to build a nondescript box office building."

 Reach Carl Lindquist at 505-5432 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

 
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