CLEARFIELD – The Clearfield County Commissioners on Tuesday voted to appeal a judge’s dismissal of its lawsuit over the original construction of the county jail’s roof.
In January 2023, the commissioners filed a civil complaint asking the court to award the county $3,878,660 in damages against TranSystems Corp., successor to L. Robert Kimball and Associates Inc., Leonard S. Fiore Inc., and Showalter Masonry Inc., the architect, the general contractor and the masonry contractor, who designed and built the Clearfield County Jail in 1981.
The lawsuit alleged that the original construction drawings show that a bond beam should have been placed directly below the roof deck around the perimeter of the building.
“The main purpose of a bond beam is to provide lateral support for the walls and anchor the roof,” stated Attorney Anthony D’Amico of D’Amico Law Offices in Pittsburgh, who is representing the county in the lawsuit, in a previously-published press release. “Basically, a bond beam ties the full masonry structure together.”
In August 2021, the county partnered with ABM Building Solutions LLC to oversee the completion of a $9,398,612 renovation project at the jail.
During the demolition work for the renovation, it was discovered that the bond beam was not included during the original construction of the jail.
As a result, the roof was floating on top of the walls of the building, which created a safety hazard that needed to be corrected in order for the renovation project to continue, stated D’Amico.
The additional cost for completing the jail renovation project because the jail was constructed without a bond beam forms the basis for the damages claimed.
D’Amico stated, “The commissioners filed the lawsuit because they believe that it is fundamentally unfair for the citizens of Clearfield County to pay the additional costs to renovate the jail.
“The additional costs should be paid by the architect and the contractors who designed and built the jail but never finished the job that they were paid to do.”
The various defendants filed preliminary objections asking the judge to dismiss the county’s complaint against them and a hearing was held in November 2023.
On Feb. 15, the judge issued a decision granting one of the most important preliminary objections that the county’s complaint violated the statute of repose.
The statute of repose is like the statute of limitations in that it restricts the time in which a claim may be brought against a contractor for damages arising out of faulty or defective work.
But, according to D’Amico, time—as the law says—“doesn’t run against the king,” who in this instance is the county, which would make the statute inapplicable.
“We were aware at the time we filed our lawsuit that we would be treading new ground,” he said, noting there were only a few trial court opinions and none at the Appellate level.
“That’s because after the trial courts sustained the preliminary objections in those cases, which essentially dismissed the lawsuits, the counties didn’t appeal.
“The judge—in our case—looked at those opinions and although he wasn’t bound by them, he was certainly persuaded by them and said, ‘I’ll do the same.’”
This came as no surprise to D’Amico, who urged the commissioners to ask the Commonwealth Court to decide if “time runs against the king” as it relates to both the statute of limitations and statute of repose.
There’s no financial risk for the county to appeal the judge’s decision as legal compensation won’t occur unless the county receives a judgment in the case.
In other business, the commissioners:
- approved the Community Development Block Grant (CDBG) program income plan and CDBG Section 3 new regulatory changes as presented by Lisa Kovalick, redevelopment authority director.
- announced a vacancy on the Clearfield Jefferson Regional Airport Authority. Letters of interest will be accepted by the commissioners through March 8.
- approved a lease agreement with the Emmanuel United Methodist Church to house the Clearfield Fourth Ward polling location.
- approved a coordination of care agreement with CenClear.
- proclaimed March as March for Meals Month at the request of Dennis Biancuzzo, director of business development for Mature Resources Area Agency on Aging.
- announced the cancellation of the March 5 board work session.
- approved the personnel report consisting of three new hires and two employee separations/retirements.
- approved the minutes of the Feb. 13 board meeting as presented by the chief clerk.
- approved the bills as presented by the Controller’s office.