Ripping it out — Workers with Jones Hardwood Floors of Creston remove a portion of the gym floor last week. Parts of the floor were damaged by an indoor water leak, but the whole floor is being replaced.

School board plans suit

It looks like the Alleghany County Board of Education is about to become involved in another lawsuit.

But unlike the recently-settled Barbara Halsey case — in which a former teacher was suing the board — this time the board would be the one doing the suing.

The dispute involves the floor of the new gymnasium at Alleghany High School. Originally scheduled to be ready along with the rest of the school's new east wing — which has been in use since the beginning of the school year last August — the gym remained closed after the floor was damaged from a water heater leak in July 2001.

The disagreement between James R. Vannoy and Sons of Jefferson, the general contractor, and T. Greene Electric and Plumbing of Sparta, the plumbing contractor, over who is responsible for how much of the cost of replacing the floor, has continued for several months. Insurance representatives for the contractors have been involved in discussions. Board Attorney Fred Johnson said the board has not been able to reach an agreement with National Grange, the insurance carrier for T. Greene. The board has executed the change order, authorizing Vannoy to replace the floor. Crews from Jones Hardwood Floors, a subcontractor, began the work of removing the present floor late last month.

Meanwhile, Johnson plans to sue T. Greene to recover the cost of replacing the floor. In addition to the $84,869 change order cost, Johnson said, "We're seeking to recover all architectural fees, legal fees and other costs incurred by the board of education as a result of the initial damage to the floor."

The board's next meeting is scheduled for May 1. "We plan to file probably May 2 or 3, assuming the board approves the complaint," he said. "The insurance carriers are involved, but we have to sue the contractor....Hopefully in turn, they'll bring in their insurance company."

Tony Greene of T. Greene said his insurance company offered to pay 50 percent, or possibly as much as 75 percent of the replacement cost. "They asked Vannoy to step up," he said, but Vannoy would not assume responsibility for part of the replacement. "Nothing has changed in the last three months, so they said, ‘We'll see you in court,'" Greene stated. Johnson said, "Mr. Greene's insurance company believes he is not the only responsible party." However, he added, that does not agree with information from the project architect, Orkan Architecture of Charlotte. The board has also withheld payments to T. Greene and to Vannoy.

"They're holding a lot of my money and a lot of Vannoy's money," said Greene. "They've paid everybody except for Vannoy and me."

Alleghany County Schools Finance Officer Karen Leys said the school system is withholding $23,751 in payments to T. Greene and $158,853 in payments to Vannoy.

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