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Arbitrators: ‘root cause’ of Kinsman sewer problem was engineering, not construction
By Ed Runyan
WARREN
Arbitrators found that “the greater weight of evidence” shows problems with Trumbull County’s Kinsman sewer project were caused by poor engineering and project management, not poor construction by Marucci and Gaffney Excavating of Youngstown.
The ruling ordered the county to pay Marucci & Gaffney $1,211,552.
The county last year hired Cleveland attorney Joseph Cavasinni, who sued Marucci and Gaffney in October in common pleas court over what the county said was defective work by Marucci and Gaffney. The lawsuit was filed about the same time the county terminated its contract with Marucci and Gaffney on the Kinsman project and a similar project in Vienna.
Specifically, the county said some of the sewer lines constructed in Kinsman had “sags” in them. The county also alleged that Marucci and Gaffney provided falsified videos and data in an attempt to cover up the defects.
The arbitrators ruled that the county was wrong for terminating the contract and that MS Consultants of Youngstown, the company the county hired to design and manage the project, “prevented [Marucci and Gaffney’s] performance and completion of the project.”
Thomas Mosure, president and CEO of MS Consultants, could not be reached to comment.
The arbitrators also denied the county’s request for compensation related to the county’s claims of falsification.
The county withheld some of the money owed to Marucci and Gaffney and hired Kirila Contractors of Brookfield and other companies to replace and finish some of the construction work.
The county wanted permission to use the retained money for the repair work done by other companies, but the arbitrators ordered the county to pay Marucci and Gaffney most of the money, plus interest.
The arbitrators did find that the county was entitled to $51,984 for work “that was not properly completed” by Marucci and Gaffney. Both parties are responsible for paying their own legal costs, the arbitrators said.
The cost of the arbitration, to be paid equally by the county and Marucci and Gaffney, is $146,806. It’s unclear what the extra cost will be for terminating the contract with Marucci and Gaffney. But in addition to hiring other companies to complete Marucci and Gaffney’s work, the county also paid MS Consultants an additional $771,746 in May for the additional work it did to help resolve problems with the $10.6 million project.
The legal action the county filed against Marucci and Gaffney related to the Vienna project still is pending in common pleas court.
Trumbull County Commissioner Mauro Cantalamessa said the county’s attorneys have said there is “the possibility of a limited appeal” of the decision. He said he doesn’t know yet whether insurance will pay any of the losses the county is likely to incur because of the decision.