West Virginia Record

Monday, October 21, 2019

Low bidder accuses Kanawha Co. school board of breach of contract and negligence


By Bree Gonzales | Aug 22, 2018

CHARLESTON — A Marion County contractor is suing the Kanawha County school board, its officials and another contractor, alleging breach of contract and negligence.

Reclaim Company LLC filed a complaint in Kanawha Circuit Court against the Kanawha County Board of Education, the School Building Authority of West Virginia, Jim Crawford, Ronald Duerring, Allan Cummings, David Roach and Rodney Loftis & Son Contracting Inc, alleging they misrepresented their intentions to award the project to Reclaim and also misrepresented the reason for Reclaim's disqualification.

According to the complaint, between April 3 and June 4, Reclaim joined the bidding for the asbestos abatement and demolition of Herbert Hoover High School project in Clendenin and was informed that it was the lowest qualified bidder but was not awarded the project. This was due, the suit says, to an alleged incomplete SBA 123 form. 

The plaintiff alleges the defendants breached their contractual obligations to Reclaim when it awarded the project to RLSC after recognizing Reclaim as the lowest qualified bidder and obtaining approval through FEMA to award the project to Reclaim. 

Furthermore, the suit alleges, the defendants negligently failed to perform their responsibilities to maximize the use of public funds and award public projects to the lowest qualified responsible bidder.

Reclaim seeks to issue a writ of mandamus against the defendants to compel the award of the contract to Reclaim, enjoin the defendants from taking action to the contrary of such relief and declare any notice of award for RFQ 18-04 to any party other than Reclaim is void and of no effect. The plaintiff also seeks costs and fees and any general just and reasonable relief. It is represented by attorney Beth L. Lebow of Reclaim Company LLC in Fairmont.

Kanawha Circuit Court case number 18C802

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