Northwood School District sues company over  paving job

he Northwood School District has filed suit against a paving company that it claims breached its contract with a paving job in front of the school in 2019.

The Northwood School District is suing a local paving company, claiming its paving job in the front parking lot of Northwood Elementary School caused water to run into the school and that, when workers returned to fix it, they raised the pavement so high that the front door stuck.

The suit filed Feb. 19 in Rockingham County Superior Court alleges that Capital City Paving Inc. of Concord breached its contract over the paving work in 2019.

According to the complaint, the school district entered into a contract with the company on June 11, 2019, to remove existing asphalt and repave the front parking lot and the basketball court behind the school.

Under the contract, the scope of the work included reclaiming existing asphalt surfaces, removing any excess material, fine grading and compacting areas with a roller, and paving with two inches of asphalt base and finishing with an inch of top asphalt.

The school said it paid for the work, which cost $44,500 for the front parking lot and $35,600 for the basketball court.

The suit alleges that the work in the front lot was defective and claims the company didn’t properly reclaim the existing asphalt surfaces, remove excess material or properly grade before paving.

“As a result of the defective work, water ran into the school cafeteria whenever it rained or when snow melted,” the school said in the suit, which was filed through the law firm Soule, Leslie, Kidder, Sayward & Loughman, PLLC.

The school, which claims that it never had a problem with water making its way into the cafeteria before the paving work, also alleges that water began leaking through the front door as well.

“The defendant eventually returned to the elementary school and raised the grade near the front door to stop the water from running into the front door. However, the end result of this was that while water no longer ran into the front door, the defendant raised the pavement so high that the front door would get stuck on the pavement when opened,” the suit said.

The school claims that it asked Capital City Paving several times to return to the school to repair the parking lot to stop the water from getting into the cafeteria and the front door from sticking.

Because the company refused, the suit alleges, the school district had to pay a different paving company, Road One Paving LLC, $55,050 to “remedy the work and completely redo the front parking lot project” last summer.

The suit asks the court to order Capital City Paving to pay the maximum amount of damages allowed under the law and cover its legal fees associated with the case.

Capital City Paving did not immediately return a call seeking comment on Tuesday.

Saturday, March 06, 2021
Thursday, March 04, 2021
Tuesday, March 02, 2021
Monday, March 01, 2021