Monday, September 8, 2014

Clark Patterson Lee negligence suit in CA


Government Center firm's work slammed
Client accuses Clark Patterson of negligence
Continental Organics, shown in 2011 before it opened, is an organic fish and aquaponics farm. Continental has filed a suit against engineering company Clark Patterson Lee – the lead design firm for the Government Center revamp plans – claiming it didn't properly oversee a project
The design firm overseeing Orange County's controversial Government Center plans has been accused of negligence in its work for Continental Organics of New Windsor.
Continental Organics charges in a lawsuit in state Supreme Court in Goshen that Clark Patterson Lee did not properly oversee work at the New Windsor business.
The company also over-designed the project and put in an inadequate HVAC system, Continental charged, causing losses of hundreds of thousands of dollars.
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Clark Patterson Lee attorney Dennis Annechino of Rochester counters in court papers that Continental "did not prepare a single report contemporaneous with the project about the alleged over design" or other aspects of the work. Annechino claimed there were weekly meetings, during which both sides discussed design and construction matters. Annechino declined to be interviewed.
Continental bolstered its arguments with an affidavit by Mark Day, a Wappingers Falls engineer. Day estimates Continental's losses at $338,445, mostly attributable to over-designs.
Clark Patterson Lee said that it is unknown on what plans or records Day based his opinion.
Continental hired Day to review the project in August 2013, two months after Clark Patterson Lee filed a mechanic's lien stating it was owed $95,000 by Continental.
The design company was not alone in filing a lien against Continental. The Storm King Building Co. of New Windsor filed a $208,810 lien June 16. Storm King did more than $2.8 million worth of work for Continental.
Storm King President Raymond Yannone Jr. said he expects to be paid soon, and would continue working for Continental on another phase of its aquaponic produce and fish farm.
Continental CEO Michael Finnegan said Friday that Continental and Storm King were close to a settlement. He would not say what Continental would pay.
Hired for Gov't Center in 2013
Continental is seeking a $10 million federal loan guarantee for another expansion. That would nearly double the size of its plant to 225,000 square feet of indoor gardens and vats where fish are raised. Having the federal guarantee will help the lead bank, Orange County Trust Co., attract investors, Finnegan has said.
He said in an interview that Continental was not yet turning a profit, but expects to in 2015, when the expansion is completed.
In court documents, Finnegan states Clark Patterson Lee did an inspection in June 2013, at Continental's request, to avoid litigation.
Then, "immediately" after the inspection, Finnegan said, "and after expressing interest in resolving the matter 'as gentlemen,' CPL filed a mechanic's lien on the project."
Continental launched its lawsuit against Clark Patterson Lee in response, Finnegan said.
Clark Patterson Lee, a Rochester-based engineering firm, leads a group of firms hired in 2013 to design a renovation and expansion of the Orange County Government Center.
Source: By James Walsh, Times Herald-Record, Published: 2:00 AM - 08/26/14  jwalsh@th-record.com
Comments
The city of Dunwoody GA outsources its city management to Clark Patterson Lee.  It’s easy for us here to believe they are negligent elsewhere.
Norb Leahy, Dunwoody GA Tea Party Leader
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