Nevada County Picayune and Gurdon Times Newspaper Archive

District accused of contract breach by fired electric contractor for gym

Prescott's School District has been accused of being in breach of contract by HIA Electric.

Ron Wright, district superintendent, told the Prescott School Board, at its regular monthly meeting, the owner of HIA has hired an attorney and is threatening to sue the district because he was fired, allegedly without being given proper notice.

According to HIA's contract, Wright said, the company was to be given seven days notice before termination occurred, and this wasn't done.

However, he said, the company ran up a bill with Wholesale Electric Co. for $29,000, which hasn't been paid. In addition, the HIA supervisor refused to work with Wade Abernathy, the job superintendent, saying he would only work with Wright.

In addition, after being fired the contractor refused to leave.

Abernathy, Wright told the board, kept a daily job log, detailing everything that went on during construction of the new sports complex.

Not only did the electrical contractor ignore the job superintendent, Wright said, but he went over budget and didn't keep licensed personnel on the job, which was required in the contract.

"We tried to work with him," Wright said, "but he was obstinate."

Because of this, the district has enlisted the service of local attorney Glenn Vasser, who, according to Wright, said the district has a good case.

The district, Wright said, has been putting Wholesale Electric off as it prepares its legal work.

He asked the board what it wanted to do about the situation, giving the district's governing body its options.

One, the district can pay Wholesale Electric, as the contractor wants as his requirements to drop the breach of contract suit.

Two, the district can negotiate with the contractor to pay half the bill owed to Wholesale Electric.

Three, the district can countersue HIA for the money owed to Wholesale Electric, along with violating the contract.

"This rubs me the wrong way," Wright said. "It's costing the district $45,000, and I feel he is in breach of contract for not working on schedule and keeping licensed electricians."

Wright recommended the district countersue. He said Vasser has sent HIA's bonding company a letter notifying them of what's occurred, and how it should pay the bill.

The board agreed. A special meeting may be required to discuss this issue further.

The district basketball tournament, Wright said, went well, with the staff, students, booster club and cheerleaders all working well.

He said several people commented on Prescott setting the standard for the conference with the new facility and how well the guests were treated.

Officials, he said, talked about how it was the classiest tournament they'd ever been to.

Fans, he added, liked the smoke machine, used when the Wolves and Wolverettes came out of the tunnel to take the court.

Monday and Tuesday of the tourney, Wright said, were poor nights for attendance, but this was made up on Thursday and Saturday for the semifinal and championship games.

In other business, the board voted to expel a student.

Wright said this student has been before the judge, refused to do their work, has been on probation and sent to ISS.

The student, he continued, has lied to their probation officer about what's been going on.

According to Wright, Prescott is the fourth or fifth school this particular student has been sent to because of problems elsewhere.

A second problem student is being worked with by Prescott High School Principal Steve Britton in a home-based instructional program.

This keeps the student from being disruptive at school, while getting an education at the same time.

Paving the parking lot for the new sports complex is coming along well, Wright said, with one exception.

There is a spot at the far end of the lot near the Prescott Elementary playground which stays wet and spongy.

Wright suggested instead of paving this section and taking the chance on having to repeatedly repair it because of the moisture content of the ground, the spot could be used as a memorial garden for students instead.

The contractor, he said, voluntarily agreed to pave a 20-foot by 30-foot section elsewhere to make up the difference in asphalt work done.

As the meeting came to an end, questions arose about the "flex-7" schedule. Nothing was discussed, but it will be addressed at the March meeting.