Brookfield Board of Education approved a settlement agreement March 15 with two entities involved in the building of the school in 2008-11.
The settlement, which has yet to be approved by the Ohio Facilities Construction Commission, the board’s partner in building the school, calls for Timmerman Geotechnical Inc. to pay $550,000, and Balog Steins Hendricks and Manchester Architects Inc. to pay $900,000.
OFCC would get 64 percent of the money and the school district 36 percent, said school Treasurer Jordan Weber. The two parties contributed money to building the school based on that percentage.
While the money does not cover the estimated $2.3 million cost to fix damage caused by shale shifting under Brookfield Middle School, it heads off the cost of additional legal fees to pursue the case, and the risk of going to trial, which could result in the district and OFCC losing, school officials said.
The settlement was the result of a day-long mediation session March 3. The case was to go to trial March 27.
Timmerman and BSHM do not admit any liability as part of the suit, school officials said, and the settlement renders the district and OFCC unable to pursue further litigation if a problem arises in another part of the school, school officials said.
Brookfield school Supt. Toby Gibson recommended the board approve the settlement, calling it a good deal.
Timmerman Geotechnical Group Inc. of Akron was a consultant hired to examine soil conditions prior to and during the construction of the building, and prior to the first attempted fix in 2013.
Timmerman still exists, but no longer operates, under an agreement in which GPD Group, an architectural engineering company based in Akron, bought Timmerman’s equipment and hired most of its employees, according to a deposition given by Delbert Channels, director of geotechnical at GPD and former Timmerman employee.
BSHM of Youngstown was the original architect of the school.
The suit alleges breach of contract and breach of standard of care against both entities, and breach of warranties against Timmerman.
Read more on the proposed settlement in the April print edition of NEWS On the Green.
