2016-07-27 School Committee Minutes

Home Browse Search

Executive Sessions on this case and has kept the Town Manager and the Chairs of the Board of Selectmen and the Finance Committee informed throughout the process. We have also been working very closely with counsel throughout this case, including Brackett and Lucas, who was the previous Town Counsel, and now Kopelman and Paige, who is not currently our Town Counsel, but was assigned to this case during the transition of Town Counsels in 2014. • Because we are still in litigation we are unable to go into detail about the case, however, once the case is resolved, we will give a full presentation about the details and timeline of how this case evolved. • As many of you know the RMHS renovation and addition construction project began in 2004. TLT Construction Corporation was the general contractor for the project. • In the fall of 2007, TLT filed a lawsuit in Middlesex Superior Court against the Town claiming that the Town owed it additional money for work performed under the contract. In response, the Town filed a counterclaim against TLT alleging breach of contract and claiming liquidated damages for TLT's failure to complete the contract work on time. • In 2013, after the litigation discovery process and attempts at settlement, the court referred the case to a Special Master, a retired judge, who conducted a hearing process — in lieu of a trial in the Superior Court. • The hearings began in December of 2013 and concluded in March of 2015. Closing arguments were presented in July of 2015. Since that time, the Master has been preparing, and issuing to the parties, draft decisions on the various issues that make up the matters in dispute. • The first draft ruling was issued in January of 2016, and it is expected that the final sets of rulings will be issued in July or August. The net result of the Special Master's rulings, and the ultimate financial outcome, will not be known until all of the rulings have been issued. • When all of the rulings have been issued, the Special Master will prepare a final report to the Superior Court. • Under the applicable legal procedure, the court will review the Master's final report and may adopt it, reject it in whole or in part, or send it back to the Master with instructions for additional action. • Ultimately, the Superior Court will enter a judgment in the case, whether on its first receipt of the Special Master's report or after additional action it may order. • On account of the volume of material to be reviewed, the Superior Court judgment is not expected until sometime in 2017. • In March of this year, the Town reported to its outside auditor that a judgment against the Town could exceed $3 million. By Massachusetts statute, a court judgment is subject to 12% annual interest, and interest would apply from the date the complaint was filed. • The Primary Claim Amounts are as follows: Page 1 2