HomeMy WebLinkAbout04-2057
vi.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - ~S7 (!,;...,~(-r'irot1
STEEL FAB ENTERPRISES, INC.,
Plaintiff
EAST PENNSBORO AREA SCHOOL
DISTRICT,
ACTION - CIVIL
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take
action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that
if you fail to do so the case may proceed without you and a judgment may he entered against you hy the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
AVISO
USTED HA SIOO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mils .delante en
las siguientes paginas, debe tamar acci6n dentro de los proximos veinte (20) dias despues de a notificaci6n de esta Demanda y
A visa radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Code por escrito sus
defensas de, y objecciones a, las demandas presentadas aqui en contra suya Se Ie advierte de que si usted falla de tomar acci6n
como se describe anterionnente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la
demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por fa Code sin
mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUlR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE DUE ESTA OFIClNA LE
PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE OFREZCAN SERVICIOS LEGALES SIN CARGO
o BAJO COSTO A PERSONAS DUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
STEEL FAB ENTERPRISES, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 0 4~ -J.oS?
v.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
ACTION - CIVIL
Defendant
COMPLAINT
1. Plaintiff is Steel Fab Enterprises, Inc., (hereinafter "Steel Fab"), a Pennsylvania
corporation with offices located at 623 Baumgardner Road, Lancaster, Pennsylvania, 17603.
2. Defendant is the East Pennsboro Area School District, (hereinafter the "School
District"), a political subdivision of the Commonwealth of Pennsylvania with its main offices at
890 Valley Road, Enola, Cumberland County, Pennsylvania, 17025.
3. On September 7, 2000, the School District opened bids for the construction of a
project referred to as Renovations and Additions to the East Pennsboro Area High School,
(hereinafter the "Project").
4. The School District invited bids for sixteen (16) separate prime contracts. Steel
Fab was the low bidder for the structural steel prime contract.
5. On October 20, 2000, Steel Fab and the School District executed a contract for the
structural steel prime contract in the amount of $570,000 (hereinafter the "Contract"). A copy of
the Agreement entered into between Steel Fab and the School District is attached hereto as
Exhibit "A". The Agreement incorporates contract documents that consist of hundreds of pages
and which are too voluminous to attach to this Complaint. It is averred that a complete set of the
contract documents is in the possession of the School District. Plaintiff incorporates herein by
reference the contents of all of the contract documents identified in the agreement.
6. Reynolds Construction Management, (hereinafter "RCM"), was hired by the
School District to serve as the Construction Manager for the Proj ect.
7. Gilbert Architects and Planners served as the Project Architect, (hereinafter the
"Architect").
8. Steel Fab completed its Contract on or about January 3, 2002.
9. On September 12, 2001, RCM issued a Seven Day Notice to Steel Fab to "furnish
and install the low steel beams as shown on Contract Drawing S2.7... along the exterior building
line under the canopy." A copy of the Seven Day Notice is attached hereto as Exhibit "B".
I O. Steel Fab performed the aforementioned work under protest at a cost of
$18,225.97. A breakdown of the costs incurred by Steel Fab is attached hereto as Exhibit "C".
II. Steel Fab is entitled to be paid extra for the work identified in Exhibit "B"
because it was not part of its original scope of work. The General Contractor, in accordance with
the specifications for the Project, was to provide all structural steel shape/member/elements
required within the limits of the existing building. The work identified in Exhibit "B" was steel
within the existing building and, therefore, was not part of Steel Fab's scope of work.
12. On May 9, 2003, RCM directed Steel Fab to install angles and clips to support
and brace the masonry partitions.
13. On August 1,2003, a "punchlist updated through 8/1103 for Area A, Area G,
Main Entrance canopy and Gym Entrance canopy" was provided to Steel Fab by RCM. The
punchlist identified the clips and angles to brace the masonry partitions as Steel Fab work
remaining to be performed.
2
14. On August 8, 2003, Steel Fab's attorney advised RCM that the work identified in
the punchlist was not part of Steel Fab's original scope of work and requested a meeting to
discuss the issue.
15. On August 21, 2003, RCM advised Steel Fab's attorney that the non-load bearing
wall bracing identified in the punchlist was to be installed by Steel Fab.
16. Steel Fab advised RCM that it would perform the work under protest and file a
claim once it knew its costs.
17. Steel Fab completed the work under protest on or about February 9, 2004, at a
cost of$23,030.65. A copy of the cost breakdown is attached hereto as Exhibit "D".
18. On February II, 2004, Steel Fab submitted to the Architect its claims in the
amount $18,225.97 for the cost to furnish and install the low steel beams and $23,030.65 to
install the non-load bearing wall bracing. A copy of the letter is attached hereto as Exhibit "E".
19. By letter dated April 21, 2004, the Architect denied Steel Fab's claim. A copy of
the Architect's letter denying the claim is attached hereto as Exhibit "F".
20. Steel Fab is entitled to be paid for the claims set forth in Exhibit "E", because the
work was beyond the scope of Steel Fab's original contract.
21. The refusal by the School District to pay for this additional work is a breach of
contract.
3
WHEREFORE, Plaintiff, Steel Fab Enterprises, Inc., respectfully requests this Honorable
Court to enter judgment in its favor and against the Defendant, East Pennsboro Area School
District, in the amount of$4l,256.62 plus costs and lawful interest.
Date: m~ '1) U)D4-
I
!
Respectfully submitt~,//
REAGER ADtp
Theod e A. Adler, Esquire
Attorney J.D. No. 16267
Thomas O. Williams, Esquire
Attorney J.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff,
Steel Fab Enterprises, Inc.
4
Exhibit A
LETTER OF TRANSMITTAL
REYNOLDS CONSTRUCTION MANAGEMENT, INC.
3300 NORTH THIRD STREET
HARRISBURG, PA 17110
(717) 238-5737' FAX (717) 238-9410
TO: Steel Fab, Inc.
623 Baumgardner Road
Lancaster, P A 17603
DATE:
July 12, 2000
ATIENTION:
RE:
East Pennsboro High School
laYNOLDS PROJECT NO.:
ReM Job 99-1U2
SHOP ORAWINGS PRINTS
UNDER SEPARATe
COV!:R
PLANS
ACCEPTANCE FORMS
WE ARE SENDING YOU: X ATTACHED
SAMPLES
spECIFICATIONS
PRODuct DATA
~ OtHER
COPJJES DATE
1
DESClUiPTlON
Fully executed copy of contract between East Pennsboro Area School
District and Steel Fab, Inc.
THESIC ARE TRANSMITl'ED AS CHECKED BELOW:
AS REQUESTED
REVIEW &
COMMENT
APPROVED AS SUBMITTED (AAS)
APPROVED AS NOTED (AAN)
REVISE AND RESUBMIT _ COPIES
REJECTEO
V FOR YOUR FILES
-FOR YOUR USE
RESUBMIT
COPIES FOR APPROVAl
REl'vIARKS:
COPIES: Mr. Dave Tenney/Gilbert Architects
~
Jim Richardson
Project Manager
tile
/ 0-0 (0
RE"lOVA TrONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHdoL - lIlJ\11.l1
DOCUMENT 00500
(p LP OU
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT
THIS AGREEMENT, enten:d into this twentieth day of October 2000, by and between the East Penllsboro
Area School District, Enola, fA hereafter called the "Owner", and Steel Fab Enterprises, (IIC. a
Corporation organized and existing under the laws of the State of Pennsylvania, having its principal office
at 623 Baumgardner Road, Lancaster, P A 17603,Lancaster County, hereinafter called the Contmctm (and
hereinafter treated as if ofthe singular number and neuter gender) WITNESSETH, that the "Contractor" and
[he 1I0wnertt, for the considerations named, agrees as follows:
WHEREAS, the Owner heretofore has advertised for proposals, as required by Pennsylvania laws, for the
Structural Steel ConstlUction work necessary for the renovations and additions to the East Pennsboro Area
High School, and has received proposals wherefore;
WHEREAS, the O"o11er has considered the proposals so received and has made an awaJ'd to the Contractor
oased upon the proposal so received from the Conn'actor, and
:\:OW, therdore, in consideration of the mutua] promises, covenants and agreements herein, contained, the
Owner and Contractor promise, covenant and agree, as follows:
1
SCOPE OF WORK - The "Contractor" shall furnish all of the materials and perfoem all of the
Structl.ll'al Steel Construction 'Nork shown on the drawings (dated August 9, 2000), and described
in the specifications entitled: Renovations and Additions to the East Pennsboro Area High School-
#9901, (Dated August 8, 2000) as prepared by Gilbert Architects, 626 N. CharIot1e St., Lancaster,
Pennsylvania 17603 (acting as and in these Contract Documents entitled the" Architect") and shall
do everything required by this Agreement and Contract Documents.
2.
TIME OF COMPLETION - The work to be performed under this contract shall be commenced
within ten (10) calendar days aller notification by the "Owner" or the "Architect" or by the
.'Construction Manager", and shall be COMPLETED UNDER MULTIPLE PflASES IN ACCOlUlANCE
WITH THE Pt>.EBlD SCHEDULE, W1THTHELAST PHASE REACHING Substantial Completion by August
16, 2002 as stated in the Supplementary Instructions to Bidders. The "Contractor" shall be liable to
the "Owner" for any damages sustaIned by the latter through extra engineering, Architects' OJ' other
costs of any nature incurred by reason of the "Contractor's" failure to complete its work by the above
referenced dates, or any extension thereof granted under Article 8.3 of the "General Conditions"
PAYMENTS - The "Owner" shall pay the "Contractor" for the performance of the StruclUral Steel
Contract, subject to additions and deductions provided therein, in current funds, the sum of Five
Hundred Seventy Thousand Dollars ($570,000.00) which sum represents the Contractor's adjusted
base bid as a result of the acceptance oftbe following alternates by the Owner as follows:
Base Bid
1'.-2
A-7
A-8
A-II
A-14
1-1-2
E-3
E-8
Adjusted Buse Bid
$568,000
$0
$0
$0
$2,000
$0
$0
$0
$0
$570,000
AGREE!\'IENT FORl\.1S - OWNER. CONTRACTOR AGREEMENT
00500 - 1
RENOV A nONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #990 I
Payments shall be made to the Contractor in accordance with Article 9 of the "General Conditions"
and Articles 4 and 5 of the "Supplemerttaty General Conditions".
4 CONTRACT DOCUMENTS shall consist of the following, all of which are part of the contract
between the parties as though repeated herein or hereto attached:
A. Invitation to Bid
B. lnstmctions to Bidders
C. Supplementary Instmctions to Bidders
o Proposal (including the Bid Form)
E. Bid Bond
F. 1bis Agreement
G. Perfommnce Bond
H. Payment Bond
I. General Conditions
J. Supplementary Conditions
K. Specifications
L. Drawings
M. Phasing Plans
N . Addenda identified as follows:
No.1 dated 8/25/00, No.2 dated 8/28/00 including the drawings re-plotted on 8/24/00, No.
3 dated 9/01/00, No.4 dated 9/06/00, No,S dated 9/08/00, and Bulletin No. J dated 9/8/00
, REPRESENTATlONS OF CONTRACTOR: - The Contractor represent.>; and warrants:
A. That it is financially solvent and experienced in and competent to perform the work and to
furnish the plant, materials, supplies or equipment, to be so performed or furnished by it;
B. That it is familiar with all Federal, State, municipal and Departmental laws, ordinances and
regLllations, which may in any way affect the work of those employed herein, including, but
not limited to, any special acts relating to the work or to the project of which it is a part;
C. That such temporary and permanent work required by the Contract Documents as is to be
done by it can be satisfactorily constmcted and used for the purposes for which it is intended
and that such construction will not injure any person or damage any property; and,
D. That it has carefully examined the plans, specifications and site of the work, and that it has
satisfied itself as to the nature and location of the work the character, quality and quantity of
surface and sub-surface materials likely to be encountered, the character of equipment and
other facilities needed for the performance of the work, and the general and local conditions,
and all other materials which may in any way affect the work of its performance.
6. HEIRS, ETe "This Agreement shall hind and inure to the benefit of the heirs, legal representatives
and successors and assigns ofbeth parties hereto, except that this sentence shall not be interpreted to
grant any right of assignment of any nature whatsoever to Contractor.
" The Owner and the Contractor each intend to be bound legally by this Agreement.
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT
00500 - 2
----.-....-.,-..-..--.".-
RENOVA TIONS AND ADD[TIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #990 I
IN WITNESS WHEREOF, the parties have executed the Agreement this day.
BY:
. oro Area School District
c{I(~
OCT 2 0 2BlI
President
(Date)
Allesr:
WO~' ('--'.(~~
(ASSistant) Secretary
-.-.----------~-~---------------------------------------._--.__._---------------~-----------------------._-----
(lndi vidual Contractor)
(SEAL)
(Name oflndividual)
(Typed Name)
Trading and Doing Business as
Witness:
AGREEMENT FOR1vlS - OWNER-CONTRACTOR AGREEMENT
00500 - 3
RENOVATIONS AND ADDlTlONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
~..---------_._---------~------------_.._---...------~~~~~--------------------..---------------
(partnership Contractor)
(Name of Partnership)
Witness:
BY: (SEAL)
Partner
BY: (SEAL)
Partner
BY: (SEAL)
Partner
BY: (SEAL)
Partner
--------------------------------------------..-----------------------------------------------------------------
(Corporation Principal)
Fff(3 E1'JTl32..PI2IScs I ::TN c. .
feor 'on) . /iJ
BY: :JA <f?tv.
Ice re Idl . t>'
~~tW---
(Carpar,ate Seal)
OR (If Appropriate)
(Name of Company)
"By:
Authorized Representative
Wimess:
AGREEMENTFORMS.O~R~ONTRACTORAGREE~mNT
00500 . 4
RENOVATIONS AND ADDITIONS TO THE EAST PENNSBORO AREA HIGH SCHOOL - #9901
· Attach appropriate proof, dated as of the same date as the Agreement, as required by the Comract Documents
evidencing authority to execute in behalf of the Corporation.
END OF DOCUMENT
AGREEMENT FORMS - OWNER-CONTRACTOR AGREEMENT
00500 - 5
Exhibit B
EYNOLDS
3300 NORTH THIRD STREET, HARRISBURG, PA 17110
(717) 238-5737 . (717) 238-9410 FAX
WWW.REYNOLDSCONSTRUCTlON.COM
BUILDING PARTNERS
September 12,2001
Mr. Steve Fisher, Project Mgr.
Steel Fab Enterprises, Inc.
623 Baumgardner Road
Lancaster, PA 17603
RE: East Pennsboro High School
Low Canopy Steel
SEVEN-DAY NOTICE
Mr. Fisher,
This letter will serve as a "Seven-Dav Notice" for Steel Fab Enterprises, Inc. to furnish and install
the low steel beams as shown on contract drawinl! 82.7, as follows: (1) tal W14x22 and (4) tal
W12x19 to be installed alonl! the exterior buildinl! line under the canopy. We understand that you
have provided the 'high' beams in that same area.
Item #1 of the Multiple Contract Summary for Structural Steel Construction states to "Provide all
structural steel, joist and deck associated with the new construction including reconstruction of front
canopy." Sections 2, 3, 4, and 5 on sheet S4.3 show that these beams will carry new masonry associated
with the front canopy reconstruction. Otherwise, there would be no need for this new structural steel.
The General Conditions of the Contract for Construction afford the Owner the ril!ht to take actions
to remedy a Contractor's deficiencies or nel!lect. Refer to General Conditions and Supplementarv
Conditions. Article 2.4.
You have seven days from the date of this notice to "commence and correct the default and/or neglect
with diligence and promptness" as noted in the Supplementary Conditions.
Respectfully,
REYNOLDS CONSTRUCTION
MANAGEMENT, INC.
'-~~
Jim Richardson
Project Manager
FAXED
Cc:
Bill Knowles, EP ASD
Dave Tenney, Gilbert
Brian Shank, Reynolds
File
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REYNOLDS CONSTRUCTION MANAGEMENT, INC. . R.T. REYNOLDS, INC. GENERAL CONSTRUCTION
REYNOLDS FACILITIES MANAGEMENT, INC. . REYNOLDS CONSULTING ENGINEERS, INL
Exhibit C
Low Canopy Steel Breakdown
Material:
l-Wl2x 19x 15'4" WI (I) cont. brick plate
2-W12 x 19 x 14' 6" WI (2) cont. brick plate
l-W14 x 22 x 16' 6" WI (I) cont. brick plate
1-3" Dia. Pipe Column x 7' 4" shoring columns
1-3" Dia. Pipe Column x 6' 0" shoring columns
1-3" Dia. Pipe Column x 6' 3" shoring columns
24-3/4 x 0' 2" A325 bolts $ 18.00
2736 lbs steel @ .35 centsl lb $ 957.06
6% PA use tax $ 58.54
10% markup on material $ 103.36
Subtotal $ 1,136.96
Labor:
22 Hrs. Field Measuring and Detailing @ $45.001 Hr $ 990.00
52 Hrs Fabrication @$44.l0/Hr $ 2,293.20
119 Hrs Ironworkers @ $66.1 01 Hr $ 7,865.90
15% markup on labor $ 1,672.37
Subtotal $ 12,821.47
Equipment:
25 Hrs. 10 Ton boom truck with operator@ $95.00/Hr $ 2,375.00
501/2 Hrs Weld Rig @ $6.501 Hr $ 328.25
2 Days Man Lift @ $125.001 Day $ 250.00
6% PAuse tax on equipment $ 177.18
10% markup on equipment $ 313.04
Subtotal $ 3,443.47
Subcontractor:
Safeway Steel Products (shoring) $ 361.46
5% markup on subcontractor $ 18.07
Subtotal $ 379.53
Total $ 17,781.43
Bond and insurance @ 2 1/2% $ 444.54
GRAND TOTAL $ 18,225.97
Exhibit D
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Exhibit E
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC,com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE H. CLOUGH
SUSAN J, SMITH
Writer's E~MaiJ Address: taadler@epix.net
Writer's Extension: 129
+Certified Civil Trial Specialist
February 11, 2004
Dave Tenney
Gilbert Architects
626 North Charlotte Street
Lancaster, P A 17603
Re: Our Client: Steel Fab Enterprises, Inc.
Project: Renovations and Additions to the East Pennsboro High School
Our file no.: 87-262.003
Dear Mr. Tenney:
We are legal counsel to Steel Fab Enterprises, Inc. Pursuant to Article 4.7.1 afthe General
Conditions of Steel Fab's contract with the East Pennsboro Area School District, Steel Fab hereby
submits these claims for increased costs in connection with the non-load bearing wall bracing and the
low canopy steel which Steel Fab was required to provide despite the fact that the work was not part of
its scope of work.
A. Non-load Bearing Wall Bracing
Prior to Steel Fab commencing its work, Jim Richardson, the Project Manager for Reynolds
Construction Management (hereinafter "RCM"), advised Steel Fab that the angles and clips for the
support of masomy partition walls were not part of Steel Fab's scope of work. Rather, it was
determined that the work was part of the scope of work for the general trades contractor: Kamand
Construction. Accordingly, RCM directed Kamand to provide the angles and clips as the masonry
partition walls were constructed. For reasons that have never been provided to Steel Fab, Kamand never
installed the angles and clips, and RCM never took any action to see that Kamand performed the work.
On May 9,2003, RCM directed Steel Fab to install the clips and angles. On June 6, 2003, RCM
issued a seven (7) day Notice to Steel Fab directing it to complete the work that was identified in a
punchlist supposedly attached to the letter. No punchlist was attached to the letter. On August 1,2003,
a "punchlist updated through 8/1/03 for Area A, Area G, Main Entrance Canopy and Gym Entrance
.Canopy" was provided to Steel Fab by RCM. The punchlist identified items relating to the clips and
angles to brace the masomy partitions. On August 8, 2003, Steel Fab's attorney advised RCM that the
Dave Tenney
Gilbert Architects
February 11, 2004
Page 2
identified punchlist work was not part of Steel Fab's scope of work and requested a meeting to discuss
the issue.
On August 21, 2003, RCM advised Steel Fab's attorney that the non-load bearing wall bracing
was to be installed by Steel Fab. Steel Fab advised RCM that it would perform the work under protest
and make a claim once it knew its costs.
On February 9,2004, Steel Fab submitted a breakdown of the costs it incurred in having to
install the non-load bearing wall bracing. A copy is attached hereto as Exhibit "A". The total is
$23,030.65.
Steel Fab is entitled to be paid this money because:
a.) the work is not part of its scope of work;
b.) RCM confirmed that the work was not part of Steel Fab's work prior to Steel Fab
commencing its construction; and,
c.) Steel Fab provided a color-coded set of drawings before starting its work showing that
the non-load bearing wall bracing was part ofthe general contractor's scope of work.
RCM never indicated to Steel Fab that it took issue with the color-coded drawings or
Steel Fab's interpretation.
B. Low Canopy Steel
On September 12,2001, RCM issued a seven (7) day Notice to Steel Fab to "furnish and install
the low steel beams as shown on contract drawing S2.7... along the exterior building line under the
canopy." A copy ofthe seven (7) day Notice is attached hereto as Exhibit "B". Steel Fab performed the
work under protest at a cost of$18,225.97. A breakdown of the cost is attached to this letter as Exhibit
"e",
Steel Fab is entitled to be paid for this work because was not part of its scope of work. The
General Contractor, in accordance with the Specifications for the Project, was to provide all structural
steel shape/member/elements required within the limits of the existing building. The work identified in
the seven (7) day Notice was steel within the existing building and, therefore, was not a part of Steel
Fab's scope of work.
_._'__0" ~_.'__. .,.~,~,_".._,._~ .'~
Dave Tenney
Gilbert Architects
February 11, 2004
Page 3
In accordance with the requirements of the contract, you as the Architect are required to issue a
decision within the time frame set forth in Article 4.7.2. We are requesting that you comply with the
requirements of 4.7.2 and issue a decision accordingly.
Thank you.
,
/
verr Tru/y Y6urs,
I ! /
1 !'
Th1odore A. Adler
TAAlcac
enclosure
cc: Steve Fisher (w/encl)
Steel Fab
Stephen L. Grose, Esq. (w/encl)
Keefer, Wood, Allen & Rahal, LLP
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Low Canopy Steel Breakdown
Material:
l-W12 x 19 xIS' 4" WI (I) cont. brick plate
2-W12 x 19 x 14' 6" WI (2) cont. brick plate
l-W14 x 22 x 16' 6" WI (I) cont. brick plate
1-3" Dia. Pipe Column x 7' 4" shoring columns
1-3" Dia. Pipe Column x 6' 0" shoring columns
1-3" Dia. Pipe Column x 6' 3" shoring columns
24-3/4 x 0' 2" A325 bolts $ 18.00
2736 lbs steel @ .35 centsllb $ 957.06
6% PA use tax $ 58.54
10% markup on material $ 103.36
Subtotal $ 1,136.96
Labor:
22 Hrs. Field Measuring and Detailing @ $45.001 Hr $ 990.00
52 Hrs Fabrication @$44.l0/Hr $ 2,293.20
119 Hrs Ironworkers @ $66.101 Hr $ 7,865.90
15% markup on labor $ 1,672.37
Subtotal $ 12,821.47
Equipment:
25 Hrs. 10 Ton boom truck with operator @ $95.001 Hr $ 2,375.00
501/2 Hrs Weld Rig @ $6.501 Hr $ 328.25
2 Days Man Lift @ $125.00/Day $ 250.00
6% PAuse tax on equipment $ 177.18
10% markup on equipment $ 313.04
Subtotal $ 3,443.47
Subcontractor:
Safeway Steel Products (shoring) $ 361.46
5% markup on subcontractor $ 18.07
Subtotal $ 379.53
Total $ 17,781.43
Bond and insurance @2 1/2% $ 444.54
GRAND TOTAL $ 18,225.97
EYNOLDS
3300 NORTH THIRD STREET, HARRISBURG, PA 17110
(717) 238.5737 . (717) 238-9410 FAX
WWW.REYNOlDScONSTRUcTlON.COM
BUILDING PARTNERS
September 12,2001
Mr. Steve Fisher; Project Mgr.
Steel Fab Enterprises, Inc.
623 Baumgardner Road
Lancaster, PA 17603
RE: East Pennsboro High School
Low Canopy Steel
SEVEN-DAY NOTICE
Mr. Fisher,
This letter will serve as a "Seven-Dav Notice" for Steel Fab Enterprises. Inc. to furnish and install
the low steel beams as shown on contract drawinl! 82.7, as follows: (1) (iiJ, W14x22 and (4) (iiJ,
W12x19 to be installed alonl! the exterior buildinl!: line under the canopy. We understand that you
have provided the 'high' beams in that same area.
Item # 1 of the Multiple Contract Summary for Structural Steel Construction states to "Provide all
structural steel, joist and deck associated with the new construction including reconstruction of front
canopy." Sections 2, 3, 4, and 5 on sheet S4.3 show that these beams will cany new masonry associated
with the front canopy reconstruction. Otherwise, there would be no need for this new structural steel.
The General Conditions of the Contract for Construction afford the Owner the ril!ht to take actions
to remedy a Contractor's deficiencies or n~lect. Refer to General Conditions and Supplementary
Conditions. Article 2.4.
You have seven days from the date of this notice to "commence and correct the default and/or neglect
with diligence and promptness" as noted in the Supplementary Conditions.
Respectfully,
REYNOLDS CONSTRUCTION
MANAGEMENT, INC.
i, "VJ' 1/ /"
"- #11 ()~~
Jim Richardson
Project Manager
FAXED
Cc:
Bill Knowles, EPASD
Dave Tenney, Gilbert
Brian Shank, Reynolds
File
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RtYNOlDS CONSTRUCTION MANAGEMENT, INC. . R.T. REYNOLDS, INC. GENERAL CONSTRUCTION
REYNOlDS FACILITIES MANAGEMENT, INC. + REYNOLDS CONSULTING ENGINEERS, INC.
Exhibit F
llilbert
April 21,2004
Theodore A. Adler
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011-1383
Re: Steel Fab Enterprises, Inc.
Renovations & Additions to East Pennsboro HS #9901
Your File No. 87-262.003
Dear Mr. Adler:
I am responding to your February 11, 2004 letter addressed to Dave Tenney
from our office. I apologize for the delay in our response, but Dave Tenney is no
longer with our office and I have been researching your clients claim in Dave's
absence. I have reviewed the original documents and reviewed the previous
correspondence that has been sent regarding this claim. Please !")ote the
following summary of my findings.
A. Non-load Bearing Wall Bracing
The narrative description of Contract NO.4 in specification section 01120 defines
the scope of work for the Structural Steel Contract. Item 1 states: "Provide all
structural steel, joist and deck associated with the new construction including
reconstruction of front canopy." Item 2 states: "All structural steel, joist and deck
associated with the existing structure as indicated on Architectural or Structural
drawings shall be provided by the General Trades Contractor." And item 9 states:
"General Trades Contractor shall provide all loose steel lintels. Any steel bolted
or welded to other steel shall be considered structural steel even if acting as
a lintel, except wide flange beams and channels with welded steel plates shall be
considered loose steel lintels." This is consistent with the scope of work
descriptions in the same section of the specifications for the General Trades
Contract.
The intent of the above contract descriptions is to have all of the Structural Steel
in the new construction including the front canopy provided by the Structural
Steel Contractor and any structural steel in the existing building provided by the
General Trades Contractor. It further clarified that all loose lintels were to be
provided by the General Trades Contractor and that any steel bolted or welded to
Gilbert Architects Inc.
626 North Charlotte Street. Lancaster. PA 17603 P: 717.291.1077 F: 717.392.3923 W: gilbertarchitects.com
other steel shall be considered structural steel to be provided under that contract.
Detail 14/S6.1 clearly shows the bracing steel for masonry walls to be welded to
the structural steel. Therefore, any bracing for masonry walls in new construction
areas are to be provided under the Structural Steel Contract and any bracing for
new masonry walls in the existing building (I don't believe there are any) would
be provided under the General Trades Contract.
B. Low Canopy Steel
As stated in item No.1 of the narrative description of Contract No.4 in
specification section 01120, the Structural Contractor shall "Provide all structural
steel, joist and deck associated with the new construction including
reconstruction of front canopy." The front canopy is part of new construction.
It is clear that the low beams for the front canopy shown on the structural framing
plan S2.7 are a part of the Structural Steel Contract.
The above interpretations of the intent of the contract documents are consistent
with the directives and punch lists issued by Reynolds Construction Management
(RCM) to Steel Fab on May 9, 2003, June 6, 2003 and August 1, 2003. The
interpretation given by Jim Richardson with RCM on February 16, 2001 stating
that the angles and clips per 14/S6.1 intended to support masonry partition walls
were to be part of the General Trades Contract was in error, but does not relieve
Steel Fab of their responsibility to provide this wall bracing. Also, I do not have a
copy of the color coded drawings that you reference as showing the non-load
bearing wall bracing being a part of the General Contractor's scope of work.
Non-response by RCM to this submittal would not relieve Steel Fab of their
contractual obligation to provide this bracing.
This is Gilbert Architects final review of this matter and your associated claim is
denied. If you should have any further questions regarding this decision, please
contact our office.
Sincerely,
Gilbert Architects, Inc.
\J~ f~
Jeffrey P. Ludwig
Studio Director
Cc: Scott Hollinger, RCM
Bob Burgett, EPASD
Stephen Grose, Keefer, Wood, Allen & Rahal
04/29/2004 09:06 FAX 717 730 7366
REAGER & ADLER
I4i 008
VERIFICATION
1, Stephen Fisher, hereby verify that! am the President of Steel Fab Enterprises, Inc. and,
as such, I am authorized to verify the averments of the foregoing document are true and correct to
my personal knowledge, informatiol1 and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S.1l4904, relating to unsworn falsification to authori-
ties.
Date:
4',~904-
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STEEL FAB ENTERPRISES INC
VS
EAST PENNSBORO AREA SCHOOL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
EAST PENNSBORO AREA SCHOOL DISTRICT
the
DEFENDANT
, at 1225:00 HOURS, on the 11th day of May
, 2004
at 890 VALLEY ROAD
ENOLA, PA 17025
by handing to
DIANE PUTT, SECRETARY
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
10.35
.00
10.00
.00
38.35
.~~~
R. Thomas Kline
Sworn and Subscribed to before
05/12/2004
REAGER & ADLER
tt:~ff
By:
J \>....
me this _0-- day of
~ .-d-1JO 'f A.D.
(~1 Q fh..;PI..) 1~<
~thonotary , -r J
STEEL FAB ENTERPRISES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO.: 04-2057 CIVIL TERM
EAST PENNSBORO AREA SCHOOL
DISTRICT,
ACTION - CIVIL
Defendant
NOTICE TO PLEAD
TO PLAINTIFF:
You are hereby notified to file a written response to the enclosed Answer with New
Matter of defendant, East Pennsboro School District, within twenty (20) days from service hereof
or a judgment may be entered against you.
KEEFER WOOD ALLEN & RAHAL, LLP
By ~C~ ~
./ St hen L. Grose
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
STEEL FAB ENTERPRISES, INC.,
vs.
NO.: 04-2057 CIVIL TERM
EAST PENNSBORO AREA SCHOOL
DISTRICT,
ACTION - CIVIL
Defendant
ANSWER WITH NEW MATTER
AND NOW, comes the defendant, East Pennsboro Area School District ("East
Pennsboro"), by and through its counsel, Keefer Wood Allen & Rahal, LLP, and files this answer
to the complaint in the above matter, averring as follows:
I. Admitted upon information and belief.
2. Admitted.
3. Admitted that on or about September 7, 2000, these events occurred.
4. Admitted that approximately 16 prime contracts were bid and that Steel Fab was
the low bidder for the structural steel contract.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. Steel Fab did not complete its scope of work ("Work") called for under
the contract with East Pennsboro Area School District ("Contract") until it completed the work
covered by Exhibits B and D.
9. It is admitted only that Reynolds Construction M~magement ("Reynolds") issued a
seven (7) day notice dated September 12, 2001, which is attached to the complaint as Exhibit B.
Being a writing, it speaks for itself.
10. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied and
strict proof thereof is demanded at the time of trial. By way of fUrther answer, it is admitted that
the break down of costs purportedly incurred by Steel Fab is attached to the complaint as Exhibit
C.
II. Denied. It is specifically denied that Steel Fab is entitled to be paid for the work
identified in Exhibit B, since it was not "extra work," but was part of the original scope of work
covered by the Contract. By way of further answer, the Contract required in specification section
01120 that the structural contractor, which was Steel Fab, was to "provide all structural steel,
joists and deck associated with the new construction, including reconstruction of the front
canopy." The front canopy is part of the new construction and therefore, the load beams for the
front canopy shown in the structural framing plan S 2.7 were part of the structural steel contract
with Steel Fab.
12. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters assertl:d. Therefore, they are denied and
strict proofthereof is demanded at the time oftrial.
13. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters assertl~d. Therefore, they are denied and
strict proof thereof is demanded at the time of trial.
2
14. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied and
strict proof thereof is demanded at the time of trial.
15. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied and
strict proof thereof is demanded at the time of trial.
16. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied and
strict proof thereof is demanded at the time oftrial.
17. After reasonable investigation, East Pennsboro is without sufficient knowledge or
information to form a belief as to the truth of the matters asserted. Therefore, they are denied and
strict proof thereof is demanded at the time of trial. Byway offiIrther answer, it is admitted only
that a copy of the alleged cost break down for the work performf:d by Steel Fab is attached to the
complaint as Exhibit D.
18. It is admitted only that Steel Fab submitted Exhibit E to the architect. It is not
admitted that any amount was due to Steel Fab or that the amounts set forth by Steel Fab for each
of the claims submitted were proper.
19. Admitted.
20. Denied. Steel Fab is not entitled to be paid for either of the claims set forth in
Exhibit E, because the work covered by those claims was contained within Steel Fab's original
Contract.
3
~
21. Paragraph 21 states a conclusion oflaw to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof is demanded at trial.
NEW MATTER
22. Plaintiffs complaint fails to state a claim upon which relief can be granted.
23. Steel Fab has failed to mitigate is damages.
24. To the extent that Steel Fab is entitled to payment for the work that it completed,
it is not entitled to the amounts it seeks to recover, namely $18,225.97 and $23,030.65.
WHEREFORE, defendant, East Pennsboro Area School District, respectfully requests
that this Honorable Court enter judgment in its favor and against the plaintiff, Steel Fab
Enterprises, Inc., dismiss the complaint and grant such additional relief as it deems fair and just.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: May d[,2003
By IS~{~~
Attorney LD. #31006
415 Fallowfield Road, Suite 301
Camp Hill., P A 17011
(717) 612-5802
Attorneys for Defimdant
4
~
VERIFICATION
The undersigned, Dr. Linda J. Bigos, Superintendent of East Pennsboro Area School
District, hereby verifies and states that:
1. She is authorized to sign this verification on behalf of East Pennsboro Area
School District;
2. The responses set forth in the foregoing Answer are true and correct to the best of
her knowledge, information, and belief; and
3. She is aware that false statements herein are mad,: subject to the penalties of 18
Pa. C.S. S 4904, relating to unsworn falsification to authorities.
"::1 ~7j, - ifU
~ igos ~
<
CERTIFICATE OF SERVICI~
I, Stephen Grose, Esquire, one of the attorneys for defendant, East Pennsboro Area
School District, hereby certify that I have served the foregoing paper upon counsel of record this
date by depositing a true and correct copy of the same in the United States mail, first-class
postage prepaid, addressed as follows:
Theodore A. Adler, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011
KEEFER WOOD ALLEN & RAHAL, LLP
By 1P:~.~~
~ rose
Dated: May cP5',2003
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STEEL FAD ENTERPRISES, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 04-2057 Civil Term
EAST PENNSBORO AREA SCHOOL : ACTION _ CIVIL
DISTRICT,
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
22. Denied as a legal conclusion.
23. Denied as a legal conclusion.
24. Denied as a legal conclusion.
WHEREFORE, Plaintiff, Steel Fab Enterprises, Inc., respectfully requests this Honorable
Court to enter judgment in its favor and against the Defendant, East Pennsboro Area School
District, in the amount of$4l,256.62 plus costs and lawful intere:st.
Date: June 3, 2004
Respectfully bmitted,
REA~E~ & )r;r~
ThooL k AdI~, E"luire
Attorney LD.. No. 16267
Thomas O. Williams, Esquire
Attorney LD. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff,
Steel Fab Enterprises, Inc.
CERTIFICATE OF SERVICE
AND NOW, this 3'd day of June 2004, I hereby verify that I have caused a true and correct
copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Stephen L. Grose, Esquire
Keefer, Wood, Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, P A 17108-
Christine M.. Ciccocioppo, Paralegal
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STEEL F AB ENTERPRISES,
INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION -LAW
EAST PENNSBORO AREA
SCHOOL DISTRICT,
Defendant
NO. 04-2057 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of December, 2004, a pretrial conference in the above
matter is scheduled for Wednesday, February 23, 2005, at 2:15 p.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior to the pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Thursday, March 24,
2005, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
Aheodore A. Adler, Esq.
2331 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
~tephen L. Grose, Esq.
415 Fallowfield Road
Suite 301
Camp Hill, PA 17011
Attorney for Defendant
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STEEL FAB ENTERPRISES,
INC. ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v
EAST PENNSBORO AREA
SCHOOL DISTRICT,
Defendant
04-2057 CIVIL TERM
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IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the
above-captioned case in the chambers of Judge Oler on February
23, 2005.
Present on behalf of the Plaintiff was Theodore A.
Adler, Esquire.
Present on behalf of the Defendant was Stephen
L. Grose, Esquire.
This case involves quantum meruit claims by one
of the prime contractors on a construction project of Defendant.
The Plaintiff seeks damages in quasi contract for the
installation of certain "hurricane clips" and low canopy front
beams, which Plaintiff alleges it installed under protest and
were not covered by the basic construction contract with
Plaintiff.
This will be a nonjury trial, which by separate
Order of Court has been scheduled for March 24, 2005, commencing
at 9:30 a.m. Counsel have indicated that they expect the trial
to last 1 day.
No unusual issues are expected to arise during
the trial.
With respect to settlement negotiations, the
amount of money claimed by the Plaintiff appears to total about
$50,000, and there does appear to be a reasonable chance of
settlement of this case.
In the event that the case is settled,
counsel are requested to notify the Court so that the trial can
be canceled.
By the Court,
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sley OleL~ Jr.,
Theodore A. Adler, Esquire
2331 Market Street
Camp Hill, PA 17011-4642
For the Plaintiff
Stephen L. Grose, Esquire
415 Fallowfield Road
Suite 301
Camp Hill, PA 17011
:mae
STEEL F AB ENTERPRlSES,
INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
CIVIL ACTION - LAW
EAST PENNSBORO AREA
SCHOOL DISTRlCT,
Defendant
NO. 04-2057 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of March, 2005, upon consideration of the attached letter
from Theodore A. Adler, Esq., attorney for Plaintiff, the nonjury trial previously
scheduled in this matter for March 24, 2005, is cancelled.
BY THE COURT,
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1WeSley Oler;rr.\, v J.
"..fheodore A. Adler, Esq.
2331 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
--l
~phen L. Grose, Esq.
415 Fallowfield Road
Suite 301
Camp Hill, PA 17011
Attornev for Defendant
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~08/200_5. 10:4ll FAX 717 730 7366
REAGER & ADLER
I4i 0021002
.
REAGER & ADLER, PC
ATTOR.NCYS AND COUNSELORS AT LAW
2J31 MARKET STREET
CAMP HILL. PENNSYLVANIA 17011-4642
717.763-1383
TELEFAX 717-730-7366
WEBSITE; R.eagerAdlerPC.com
THEODOR.E A. ADLER +
DAVID W. REAGEK
CHARLES E. ZALESKI
LINUS &i. FEN,CL&i
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN J. SMITH
SUSAN H. CON FAIR
TIFFANY M. CARTWRIGHT
PETER R. WILSON
+Certified CIvil Tri:ill Special~l
Wrib=:r'c I! Mail AddreSS:: TAdIertil'iR~"ftjillrArllp.rPC.Mm
March 8, 2005
via Facsimile and First Class Mail
Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: Steel Fab Enterprises, Inc. v. East Pennsboro School District
Docket No.: 04-2057 (Cumberland Co. C.C.P.)
Our File No.: 87-:Ui2.003
Dear Judge Oler:
The purpose of this letter is to inform the Court that the above captioned matter has been
settled 3J1d the trial scheduled for March 24, 2005. mllY he cancelled. If you have any questions
regarding this matter, please do not hesitate to contact me.
Thank you.
T AAlcmc
cc: Steve Fisher (via l'acsinrile Only)
Stephen L. Grose, Esq. (via Facsimile Only)
REAGER & ADLER, P.c.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: Tadler@ReagerAdlerPC.com
Attornevs for Steel Fab Enterprises. Inc.
STEEL F AB ENTERPRISES, INC.,
Plaintiff
v.
EAST PENNSBORO AREA SCHOOL
DISTRICT,
Defendant
: IN THE COURT OF COMM N PLEAS
: CUMBERLAND COUNTY, ENNSYL VANIA
: NO. 04-2057 Civil Term
: ACTION - CIVIL
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned lawsuit as settled and discontinued ith prejudice.
Date: March 25, 2005
Respectfully subjJ1itted, I
REAGER & ADLER, .C.
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