On Monday, Sept. 15, Judge Maurice J. Gallipoli denied an injunction to stop work of the installation of new boiler systems in Weehawken’s Daniel Webster and Theodore Roosevelt Schools.
Earlier this month, T.M. Brennan Contractors, Inc. brought a civil action suit against the Weehawken Board of Education and C.J. Vanderbeck & Son, Inc. over the contract for installing new needed boilers in the town’s elementary schools.
The contract was originally awarded to T.M. Brennan Contractors back in June for approximately $650,000, but after further examination the Board of Education charged the company with being nonresponsive to meeting the specifications needed for the system.
As a result, the contract was then awarded to the next lowest responsive, responsible bidder, which was C.J. Vanderbeck & Son for $1,016,580.
“We were the lowest bidder on the project for about $650,000, but the [charge of specifications not met] was bogus,” said Gregory Condon, director of T.M. Brennan Contractors. “They are spending $350,000 more than they asked.”
“We were looking for a certain quality of boiler and our board architect determined that the system they were proposing was not the quality that was required by the specifications,” said Jack Gillman, an attorney representing the Weehawken Board of Education. “Since they were not responsive we awarded [the contract] to who we determined to be the lowest responsive and responsible bidder.”
Gillman is from the Law Offices of Joseph J. Ryglicki located in Edgewater.
Contract changes hands
T.M. Brennan bid and was awarded the contract on June 6th and work was suppose to begin 14 days from the time of the bid.
“We had to submit our product that we were going to use and they said the product wasn’t equal to the specifications,” said Condon.
As a result, the Board of Education charged the company with being nonresponsive and gave the contract to the next lowest bidder. However, Condon said that originally the courts agreed that the product was equal to the specifications.
“The first time we went to court was sometime in July and the court said our product was equal,” said Condon. “They spent $350,000 more than needed to.”
However, according to Gillman, the judge never made the determination that the product was equal.
“We went with the quality of a boiler system that we had specified and the price that we got was fair,” said Gillman. Work proceeds
Last Monday, Judge Gallipoli ultimately decided not to grant the injunction because the work on installing the boilers had already proceeded, and needed to be complete in time for the upcoming winter season.
“We wanted an injunction to stop the work, but the work had already progressed,” said Condon.
“We proceeded from the judge’s previous order,” said Gillman. “The judge had ruled that we had an opportunity to make a further submittal that would be reviewed by the board architect and the board engineer. They came to the conclusion that the boiler system proposed by T.M. Brennan did not meet the intent of the specifications. That was in July.”
“We follow the law in all respects and we need to have heat for our school children,” said Gillman.
Despite the denial of the injunctions, according to Condon, Judge Gallipoli did leave the case open to monetary damages. However, that doesn’t mean that the company will be awarded damages.
“He did leave it open,” said Gillman. “[Gallipoli] said that in this lawsuit you are not seeking damages and we are not granting an injunction.” Condon said the company’s attorneys will be reaching out to the Board’s attorneys about reaching a possible settlement.
“Our lawyer is going to approach their lawyer for a settlement, so we don’t have to go back to court,” said Condon. Gillman said they have not received any word yet from the company.
“I have no knowledge of that,” said Gillman. According to Gillman, the matter is closed on the end of the board and installation of the boilers is proceeding.
“The boilers are being installed and everything is going smoothly, and we expect to have the boilers fully operational [in time for the cold weather],” Gillman said. Comments on this story can be sent to current@hudsonreporter.com