Schools and School Districts Experience
Contractor's Failure to Protect Site Destroys Gym Floor
When a school renovation was undertaken at an upstate school, water infiltrated the gymnasium during the renovation, even though the gym was not involved in the renovation. When the contractor and design professional refused to accept responsibility, Osborn was retained to arbitrate against the contractor and architect for reimbursement of the costs to replace the gym floor. The School District received an arbitration award against both the contractor and the design professional.
Default by Contractor for General Construction on School Renovation Project
When the general construction contractor filed for bankruptcy and defaulted on its obligations to complete a large renovation project on a Westchester County high school, Osborn negotiated with the defunct contractor’s bonding company and arranged for the bonding company to pay the school district’s construction manager to complete the project. Significant project delays and cost overruns were thereby avoided.
Dismissal of Action Against School District by Construction Contractor
When a contractor on a construction project for a school district commenced an action against the district to recover alleged damages for unsubstantiated extra work, Osborn convinced the plaintiff contractor (through opposing counsel) to voluntarily discontinue the action with prejudice for failure to commence its action within the time required by applicable statute. When the claim was initially raised (during the project) our Firm, working with the district’s construction consultants, documented the claim denial in such a manner as to clearly establish the accrual date of the claim. As a result, when the litigation was commenced in an untimely manner there was unequivocal documentary evidence establishing the same. The voluntary discontinuance of the contractor’s action was achieved in a cost effective manner via numerous conversations with opposing counsel (regarding the district’s legal position relating to the statute of limitations and the underlying lack of substantive merit to the contractor’s claim), and without resort to motion practice or otherwise responding to the complaint.
General Construction Contractor’s Bid Rejected as “Non Responsive”
When a Long Island school district found that the low bidder for the construction of its new high school failed to provide evidence of its experience on projects above certain project scope and size requirements, Osborn developed a strategy to reject the bid as non-responsive and successfully fought an Article 78 proceeding challenging the award to the second lowest bidder.
New School Construction: Putting a Failed Project Back On Track
A Long Island school district embarked upon what was to be an approximately one-year project involving the construction of a new three-story school building connecting two existing school buildings (which were also going to be extensively renovated). By the time Osborn was retained: four years had passed, the project was still incomplete, a significant number of defects had come to light, a number of the original project team members (trade contractors and the original construction manager) had been defaulted or left the project, a new construction manager had been retained, and the original architect had entered into a new agreement with the district to complete the project.
Osborn was charged with ensuring that the project was properly completed and investigating the prior failures to recover damages from the responsible parties. We were instrumental in disengaging and replacing the original architect and retaining a replacement construction manager. The new team worked together to successfully complete the project. Osborn worked closely with the New York State Education Department (“SED”) to ensure that the project, which was not initially in full compliance with SED requirements, was performed (and all paperwork was completed and approved) as required by the SED – and in such a manner as to maximize state aid. Project completion was successfully achieved, the project was successfully closed out with the SED (in a manner that achieved maximum state aid), and Osborn was instrumental in settling the lawsuit for errors, omissions and construction defects for $2.5 million on behalf of the school district.
School District Recouping of Overpayment from Construction Manager
When the New York State Comptroller found that the construction manager on a Dutchess County school project overcharged the school district by over $200,000, Osborn conducted an investigation and instituted litigation against the construction manager.
Settlement of Litigation Relating to Closeout on Iconic Manhattan Skyscraper
When an international structural glass specialty contractor was having trouble obtaining payment from the project’s construction manager for proposed change order and cost overruns, on the ground up construction of an iconic skyscraper in Manhattan, Osborn was successful in resolving the multi-million dollar litigation through mediation.
Successful Resolution of Claims Against Special Act School District
Delays to project completion left a Westchester County special act school district vulnerable to claims by nine trade contractors. Osborn obtained dismissal of seven of the nine claims and, with the assistance of the New York State Education Department and DASNY, arranged for funding of the final settlement close out amounts.
Swimming Pool Restoration Failure
When a Rockland County school district’s swimming pool experienced leaks immediately after renovation, Osborn conducted an investigation into the design errors and omissions and construction defects and crafted a resolution. Osborn obtained dismissal of a law suit by the contractor responsible for the defects.
Termination of Contractor on School Construction Project (With Assistance of Bonding Company)
In the early stages of a project, the school district’s construction manager advised our Firm that the contractor for general construction was not performing in compliance with the schedule, was otherwise extremely uncooperative and was also beginning to lay the groundwork for submitting meritless claims. Osborn successfully obtained the assistance of the contractor’s bonding company and negotiated the termination of the contractor and retention of a completion contractor all on terms beneficial to the school district. This was achieved in a timely manner, such that the overall project schedule was not adversely affected.
High School Retaining Wall Failure
When a retaining wall toppled at a Dutchess County high school, Osborn oversaw the investigation and set a strategy for the architect, contractor, construction manager, and consultant to carry out the repair.
Roof Leak Persisted During Renovation of Landmark Middle School
Significant leaks persisted during the construction of an additional story to a landmark middle school building in Westchester County. Osborn was retained by the school district, and we immediately retained a forensic architect to investigate. The leaks were stopped at once, and the cost of the damage was recovered from the design professionals and contractors.
Failure of Electrical System to Meet Code Requirements
When completion of a new high school, in Orange County, was threatened by the failure of the electrical system to meet code, Osborn, brought in code and engineering consultants and assisted in identifying defects and overseeing a successful repair program. Upon project completion, Osborn successfully resolved a suit by the electrical contractor.
Insurance Claim Recovery for School District on High School Wall Collapse after Initial Denial of Coverage without Resort to Litigation
When a wall collapsed at a high school, the school district submitted a claim to its insurance carrier (New York Schools Insurance Reciprocal) and the claim was initially denied coverage. Osborn pursued the claim with NYSIR and ultimately obtained coverage for the claim as desired by the district. Although extremely reluctant to extend coverage at the outset, our Firm (with the assistance of the district’s construction consultants on technical matters) engaged in numerous discussions and meetings with NYSIR and its construction representatives and convinced NYSIR to agree to extend coverage to the claim. This was achieved without resort to litigation in an aggressive yet amicable manner. In fact, the final claim payment included reimbursement to the district for legal fees in the full amount requested.
Public Sector Owner Recovers Damages Due to Errors and Omissions for Storm Water & Erosion Control Design
Osborn helped a school district investigate and address to errors and omissions for storm water & erosion control design. The architect’s storm water and erosion control plan filed with the New York State Department of Environmental Conservation, was insufficient. This led to the expenditure of additional design and construction costs to address the deficiencies, in the field, during construction.
Negotiation and Settlement of Architect’s Claims for Additional Services and Calculation of Fee During Construction
Our Firm was introduced to a school project after the design phase was completed. Following retention, we were advised of a significant number of additional services claims presented by the district’s architect. In addition, a dispute arose regarding the interpretation of the contract provisions setting forth the method for calculating the architect’s fee. We worked closely with the district’s business official and the construction manager to evaluate the additional services claim and develop an objective interpretation of the contract provisions regarding the architect’s fee. Once this objective analysis was complete, we diligently, and with great detail, negotiated the additional services and fee claims such that we ultimately achieved resolution at the desired amount. This was negotiated during the construction of the project (and design phases of other phases of the project) in a professional and amicable manner so that the business relationship between the district and the architect could be maintained for the good of the project.
Major Mold Debacle Plagues School District Renovation
When a leaking roof caused significant damage to the interior of a school building under renovation, an environmental consultant retained by the school district recommended spending almost $1 million for treatment of the affected areas. Osborn, as counsel for the school district carried out a full investigation of the proposed treatment product. Through the retention of experts our Firm found the expenditure for the treatment would have no beneficial effects. The school district saved approximately $1 million which was used to complete the project with any further concerns with regard to mold.
Mold Issues in the Classroom
Osborn represented a school district with regard to the remediation of mold in classroom buildings. Under Osborn's guidance, an environmental consultant was retained and remediation of mold was successfully completed with a minimum of expense and disruption. School Health and Safety Threatened by Water Intrusion When a school district encountered water intrusion due to roofing, plumbing and masonry leaks, Osborn assisted the school district in achieving appropriate health and safety results.
Osborn Assists Operation Clean House: Asbestos Re-Inspection of New York City Schools
When the New York City School Construction Authority and the New York City Board of Education's Inspectors General uncovered information that cast doubt on the accuracy of the federally mandated AHERA asbestos inspections carried out in the 1980's, the Board of Education retained an environmental consultant in 1993 to re-inspect all of the City's 1,069 school buildings. Osborn was retained by the environmental consultant to assist in developing the strategy to successfully carry out this assignment and to assure appropriate legal and financial protection. We were chosen for this assignment based on our Firm's credentials in training asbestos designers, contractors and workers for a five-year period at New York University through licensing courses mandated by Federal, State and local laws. We were also chosen for our Firm's in-depth knowledge of the asbestos abatement industry and our participation as a presenter before the National Asbestos Council (now known as the Environmental Information Association - EIA).
When a school renovation was undertaken at an upstate school, water infiltrated the gymnasium during the renovation, even though the gym was not involved in the renovation. When the contractor and design professional refused to accept responsibility, Osborn was retained to arbitrate against the contractor and architect for reimbursement of the costs to replace the gym floor. The School District received an arbitration award against both the contractor and the design professional.
Default by Contractor for General Construction on School Renovation Project
When the general construction contractor filed for bankruptcy and defaulted on its obligations to complete a large renovation project on a Westchester County high school, Osborn negotiated with the defunct contractor’s bonding company and arranged for the bonding company to pay the school district’s construction manager to complete the project. Significant project delays and cost overruns were thereby avoided.
Dismissal of Action Against School District by Construction Contractor
When a contractor on a construction project for a school district commenced an action against the district to recover alleged damages for unsubstantiated extra work, Osborn convinced the plaintiff contractor (through opposing counsel) to voluntarily discontinue the action with prejudice for failure to commence its action within the time required by applicable statute. When the claim was initially raised (during the project) our Firm, working with the district’s construction consultants, documented the claim denial in such a manner as to clearly establish the accrual date of the claim. As a result, when the litigation was commenced in an untimely manner there was unequivocal documentary evidence establishing the same. The voluntary discontinuance of the contractor’s action was achieved in a cost effective manner via numerous conversations with opposing counsel (regarding the district’s legal position relating to the statute of limitations and the underlying lack of substantive merit to the contractor’s claim), and without resort to motion practice or otherwise responding to the complaint.
General Construction Contractor’s Bid Rejected as “Non Responsive”
When a Long Island school district found that the low bidder for the construction of its new high school failed to provide evidence of its experience on projects above certain project scope and size requirements, Osborn developed a strategy to reject the bid as non-responsive and successfully fought an Article 78 proceeding challenging the award to the second lowest bidder.
New School Construction: Putting a Failed Project Back On Track
A Long Island school district embarked upon what was to be an approximately one-year project involving the construction of a new three-story school building connecting two existing school buildings (which were also going to be extensively renovated). By the time Osborn was retained: four years had passed, the project was still incomplete, a significant number of defects had come to light, a number of the original project team members (trade contractors and the original construction manager) had been defaulted or left the project, a new construction manager had been retained, and the original architect had entered into a new agreement with the district to complete the project.
Osborn was charged with ensuring that the project was properly completed and investigating the prior failures to recover damages from the responsible parties. We were instrumental in disengaging and replacing the original architect and retaining a replacement construction manager. The new team worked together to successfully complete the project. Osborn worked closely with the New York State Education Department (“SED”) to ensure that the project, which was not initially in full compliance with SED requirements, was performed (and all paperwork was completed and approved) as required by the SED – and in such a manner as to maximize state aid. Project completion was successfully achieved, the project was successfully closed out with the SED (in a manner that achieved maximum state aid), and Osborn was instrumental in settling the lawsuit for errors, omissions and construction defects for $2.5 million on behalf of the school district.
School District Recouping of Overpayment from Construction Manager
When the New York State Comptroller found that the construction manager on a Dutchess County school project overcharged the school district by over $200,000, Osborn conducted an investigation and instituted litigation against the construction manager.
Settlement of Litigation Relating to Closeout on Iconic Manhattan Skyscraper
When an international structural glass specialty contractor was having trouble obtaining payment from the project’s construction manager for proposed change order and cost overruns, on the ground up construction of an iconic skyscraper in Manhattan, Osborn was successful in resolving the multi-million dollar litigation through mediation.
Successful Resolution of Claims Against Special Act School District
Delays to project completion left a Westchester County special act school district vulnerable to claims by nine trade contractors. Osborn obtained dismissal of seven of the nine claims and, with the assistance of the New York State Education Department and DASNY, arranged for funding of the final settlement close out amounts.
Swimming Pool Restoration Failure
When a Rockland County school district’s swimming pool experienced leaks immediately after renovation, Osborn conducted an investigation into the design errors and omissions and construction defects and crafted a resolution. Osborn obtained dismissal of a law suit by the contractor responsible for the defects.
Termination of Contractor on School Construction Project (With Assistance of Bonding Company)
In the early stages of a project, the school district’s construction manager advised our Firm that the contractor for general construction was not performing in compliance with the schedule, was otherwise extremely uncooperative and was also beginning to lay the groundwork for submitting meritless claims. Osborn successfully obtained the assistance of the contractor’s bonding company and negotiated the termination of the contractor and retention of a completion contractor all on terms beneficial to the school district. This was achieved in a timely manner, such that the overall project schedule was not adversely affected.
High School Retaining Wall Failure
When a retaining wall toppled at a Dutchess County high school, Osborn oversaw the investigation and set a strategy for the architect, contractor, construction manager, and consultant to carry out the repair.
Roof Leak Persisted During Renovation of Landmark Middle School
Significant leaks persisted during the construction of an additional story to a landmark middle school building in Westchester County. Osborn was retained by the school district, and we immediately retained a forensic architect to investigate. The leaks were stopped at once, and the cost of the damage was recovered from the design professionals and contractors.
Failure of Electrical System to Meet Code Requirements
When completion of a new high school, in Orange County, was threatened by the failure of the electrical system to meet code, Osborn, brought in code and engineering consultants and assisted in identifying defects and overseeing a successful repair program. Upon project completion, Osborn successfully resolved a suit by the electrical contractor.
Insurance Claim Recovery for School District on High School Wall Collapse after Initial Denial of Coverage without Resort to Litigation
When a wall collapsed at a high school, the school district submitted a claim to its insurance carrier (New York Schools Insurance Reciprocal) and the claim was initially denied coverage. Osborn pursued the claim with NYSIR and ultimately obtained coverage for the claim as desired by the district. Although extremely reluctant to extend coverage at the outset, our Firm (with the assistance of the district’s construction consultants on technical matters) engaged in numerous discussions and meetings with NYSIR and its construction representatives and convinced NYSIR to agree to extend coverage to the claim. This was achieved without resort to litigation in an aggressive yet amicable manner. In fact, the final claim payment included reimbursement to the district for legal fees in the full amount requested.
Public Sector Owner Recovers Damages Due to Errors and Omissions for Storm Water & Erosion Control Design
Osborn helped a school district investigate and address to errors and omissions for storm water & erosion control design. The architect’s storm water and erosion control plan filed with the New York State Department of Environmental Conservation, was insufficient. This led to the expenditure of additional design and construction costs to address the deficiencies, in the field, during construction.
Negotiation and Settlement of Architect’s Claims for Additional Services and Calculation of Fee During Construction
Our Firm was introduced to a school project after the design phase was completed. Following retention, we were advised of a significant number of additional services claims presented by the district’s architect. In addition, a dispute arose regarding the interpretation of the contract provisions setting forth the method for calculating the architect’s fee. We worked closely with the district’s business official and the construction manager to evaluate the additional services claim and develop an objective interpretation of the contract provisions regarding the architect’s fee. Once this objective analysis was complete, we diligently, and with great detail, negotiated the additional services and fee claims such that we ultimately achieved resolution at the desired amount. This was negotiated during the construction of the project (and design phases of other phases of the project) in a professional and amicable manner so that the business relationship between the district and the architect could be maintained for the good of the project.
Major Mold Debacle Plagues School District Renovation
When a leaking roof caused significant damage to the interior of a school building under renovation, an environmental consultant retained by the school district recommended spending almost $1 million for treatment of the affected areas. Osborn, as counsel for the school district carried out a full investigation of the proposed treatment product. Through the retention of experts our Firm found the expenditure for the treatment would have no beneficial effects. The school district saved approximately $1 million which was used to complete the project with any further concerns with regard to mold.
Mold Issues in the Classroom
Osborn represented a school district with regard to the remediation of mold in classroom buildings. Under Osborn's guidance, an environmental consultant was retained and remediation of mold was successfully completed with a minimum of expense and disruption. School Health and Safety Threatened by Water Intrusion When a school district encountered water intrusion due to roofing, plumbing and masonry leaks, Osborn assisted the school district in achieving appropriate health and safety results.
Osborn Assists Operation Clean House: Asbestos Re-Inspection of New York City Schools
When the New York City School Construction Authority and the New York City Board of Education's Inspectors General uncovered information that cast doubt on the accuracy of the federally mandated AHERA asbestos inspections carried out in the 1980's, the Board of Education retained an environmental consultant in 1993 to re-inspect all of the City's 1,069 school buildings. Osborn was retained by the environmental consultant to assist in developing the strategy to successfully carry out this assignment and to assure appropriate legal and financial protection. We were chosen for this assignment based on our Firm's credentials in training asbestos designers, contractors and workers for a five-year period at New York University through licensing courses mandated by Federal, State and local laws. We were also chosen for our Firm's in-depth knowledge of the asbestos abatement industry and our participation as a presenter before the National Asbestos Council (now known as the Environmental Information Association - EIA).