Hively seeks to resolve suit against Warren Schools

The former general contractor wants the contracts to be voided.

WARREN — A hearing is planned today on an injunction against the Warren City School District filed by a general contractor to halt construction at a new school building.

The injunction is being sought in Trumbull County Common Pleas Court by Hively Construction Co. Inc. of Canfield.

The lawsuit also asked Judge John M. Stuard to void any contracts for work on the new Willard K-8 building until Hively’s taxpayers lawsuit filed last week is resolved.

Hively was the general contractor on the $10.7 million project, but the school board terminated the contract May 8.

The district then awarded a $1.4 million contract to Miller-Yount Paving Inc. of Cortland and a $2.7 million contract to Lencyk Masonry Co. Inc. of Boardman.

Hively maintains in its suit filed last week that the board cannot enter into any contracts without going through the competitive bidding process.

The argument

The school board’s attorney, Steve Friedman of Cleveland, countered that bidding is not required because the board took its action against Hively out of “urgent necessity.”

Friedman said the contract was awarded to Miller-Yount because it had already begun site preparation work and Lencyk Masonry because it was getting materials together for its work. Both were Hively’s subcontractors.

Hively’s contract was voided because the district believed work was not progressing on the project.

Hively alleges that it notified the district in October 2006 of wet soil conditions on the site and it wasn’t until March that the board took action to fund added site preparation work.

In the latest lawsuit, Hively wants an injunction prohibiting any further work on the project until a court hears its claim against the board.

In addition, it is seeking the contracts with Miller-Yount and Lencyk Masonry be voided and the district be reimbursed for any money it has paid the two companies.