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FSD sues contractors and architect for “shoddy” workmanship The Farmingdale School District is suing its architects and contractors for millions of dollars charging them with shoddy workmanship and malpractice related capital improvements they completed at Woodward Parkway Elementary and the Weldon E. Howitt Middle schools that began in 1999. The new additions are leaking and district officials said they fear that mold and mildew will build up posing a costly problem for the district at some point in the future. In all, the district spent $32 million in infrastructure repairs and additions following a voter approved referendum. According to the lawsuit, moisture and leaks in both the interior and exterior walls were discovered as far back as 2001. Despite that, according to the lawsuit the district's architect John Grillo of Port Jefferson told them the problems were corrected and signed off on the work. Subsequently, based on that report, the district cut checks for final payment to the contractors in January 2002 for the Woodward School, and in December 2003 for Howitt. Leaks, which caused mold and other damage to the classrooms, were caused by shoddily completed weep holes, flashing and masonry work, the suits allege. The damage would need to be rectified either by extensive and repeated repair or reconstruction, said school officials who declined to discuss the details of the lawsuit. In addition, the school's attorney, Richard Guercio did not return phone calls for comment. Grillo said, however, that there is no major problem with the workmanship and that the lawsuits are nothing more than a personal vendetta brought against him. "I never got along with the superintendent (then Dr. Roberta Gerold)," he said. "She wanted someone else as the architect." Grillo served as architect for the district from 1992 to 2004. In fact, he and his lawyer say the jobs were done well and said that if there are such problems the classrooms would not be used. "The district is saying that it was John Grillo's designs that caused the leakage, but he did five jobs, so how do only two leak?" asked his attorney, who is with the law firm of Milber, Makris, Plousdis & Seiden LLP from White Plains. He asked that his name not be used. Edward Cullen, the district's former director of district wide operations agreed that the work was completed satisfactorily. "These problems are blown out of proportion," said Cullen who is not a defendant in either suit. "I oversaw the construction. The work went very well and was monitored every step of the way. The money that the district is spending on these lawsuits should go towards the kids." According to lawyers for Grillo, the expansion continues to be utilized by students. "This damage hasn't stopped them from using the new classrooms. In fact, we haven't been able to undcover a source of the leakage because of our limited access to the areas," said Grillo. "We think the problem is only ceiling tiles." The lawsuits charge that Grillo committed fraud in failing to oversee the work and ensuring that it was completed properly and satisfactorily. "The District reasonably relied on the services, acts, recommendations, representations...and advice of Grillo, Greyhawk, Stalco, ACL and others in making final payment and accepting Woodward school in its allegedly completed stage," reads the lawsuit, in part. According to legal papers filed in February 2006 by the District's attorney, Guercio & Guercio of Farmingdale, the district entered into a contract with Grillo in July, 1999 to have his firm design and plan for the construction of bond-related capital improvements at the schools. The other defendants in the cases are: Agent for Service of Process Frank Guarino from Wading River, Architect Christopher Hunt of Port Jefferson, Greyhawk North America of Woodbury, Agent for Service of Process Wormer, Kiely, Galef & Jacobs LLP, Stalco Construction of Deer Park, Stalco's president Alan Nahmias, ACL Construction of West Babylon, ACL's president Carlo Lucarelli, Aniano Masonry of Island Park, Masonry Contractors of Coram and Agent for Service of Process The Corporation of Commack and Island Park, Irwin Contracting of Commack, John Irwin president of Irwin Contracting, Kirco Industries of Bohemia and Agent for Service of Process Campagna & Langella Esq. of Ronkonkoma. Calls to their offices and attorneys for comment were not returned.
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