The city of Jourdanton held a town hall meeting regarding complications with the Jourdanton Sports Complex on Sept. 25.
Litigation has been in process between representatives of the city of Jourdanton and the design build contractor, Slay Engineering/Texas Multichem/ Huser Construction.
The city of Jourdanton’s position is that the pool, which the public has not been able to use, needs to be completely replaced.
“What that means, essentially, is that we’re going to demolish the existing pool and all the decking around the pool. We’re going to salvage and save whatever materials we can save so that we are not wasteful in the demolition and reconstruction of the pool,” said attorney Jeffrey Chapman of The Chapman Firm. “It’s our intent that we properly design because we contend the design was deficient
— properly design and properly reconstruct the entire pool facility.”
Chapman said the drainage and paving and parking areas have deficiencies. Two of the representatives’ expert witnesses, Darrell Holmquist and John Mooneyham, made recommendations to improve drainage and the base and flex of the pavement.
Chapman said the estimated damages the city may claim in the case would total approximately $2 million, including $1.3 million related to the pool. Chapman said that would be enough to “bring the project to conformity.”
Chapman said that does not include attorney’s fees, interest or failure to correct improvements properly. He added that he has been made aware of cracks in the concession stand building, but that it has not been added to the estimate since not enough work has been done to set an amount on that damage.
“All of that is part of the design builder’s scope and all of that is part of this lawsuit and litigation. Ultimately, that’s what we have to accomplish, to get that amount of money to fix or replace portions of the project,” he said.
Chapman said that the contractor may have lower dollar amounts or other methods for addressing problems, but has not seen anything from the company on that.
“That’s usually where mediation happens. Is their fix appropriate? Is our fix appropriate? If there’s something in the middle, what’s the right way to get this done in the most economically efficient and speedy way to get it done?” he explained.
The deadline for negotiations is Feb. 24, but Chapman said the goal is to do mediation by the end of January and have the pool demolished and then rebuilt by the end of summer.
A trial date is set for June, but Chapman said the preference is to avoid going to trial. Chapman said the contractor contacted his office as a group on Sept. 24 to discuss the mediation process.
During the questionand answer session, Patsy Tymrak-Daughtrey asked Chapman what it would mean to correct the project. Chapman said that would require bringing it to the standard the city wanted. When she asked whether the contractor would bring it back to what was originally planned, Chapman said that he does not know whether the Slay Engineering/Texas Multichem/ Huser Construction would have the opportunity to fix it and that the city is the owner of the project and could have it corrected according to its prerogative after recovering damages.
At the end of the meeting, Jourdanton Mayor Robert Williams thanked people for attending the meeting and acknowledged that this has been a long process.
“You know what we have been going through for the last year-and-ahalf. Hopefully, if we get lucky, we might get a pool by June 1. But if we go to trial, it won’t be until next year,” he said.
Chapman added that the pool project would be 90 to 120 days, since the construction market is tight.
“We, as your counselors, are aware that citizens want the pool open and we’re going to do everything we can to drive litigation and get results as soon as possible,” he said.