Board continues to discuss settlement for building delays

by Marianne Gasaway

Clear Lake School Board members appear divided about the possibility of levying liquidated damages against Dean Snyder Construction as a result of significant delays in building projects.

As directed by the Board, Superintendent Doug Gee prepared a detailed list of project material delays encountered in the building of the Clear Lake High School gym entry and Wellness Center.  Both projects were financed by a bond issue passed on March 3, 2020.  The measure also included projects at Clear Creek Elementary Lions Field and CLHS interior, as well as parking lot expansion. 

While other projects were finished closer to expected timelines, the gym vestibule and Wellness Center have run months behind schedule. 

Gee reported total liquid damages for the gym entrance/vestibule (if done by Jan. 28, 2022) would total $185,000 under terms of the contract between the district and builder.  Total liquid damages for the Wellness Center if done by the same date would be $55,000.

Officials from DSC say delays were caused by material and shipping delays due to the pandemic.

At their mid-December meeting Board member Dr. John Brady said he thought the district should be pursuing liquidated damages, as outlined in their contract. Others said they would consider the action, but wanted to wait until January to see what progress was being made.

Board President Chyrl Bergvig opened Monday night’s conversation by expressing appreciation for all that DSC does for the school district.

“They have treated us pretty fair and we need to treat them that way, too,” she said.

Board members Mike Moeller and Greg Southgate echoed Bergvig’s sentiment.

“I think they (Snyder) are making a great effort to get things done.  “They are only one and one-half to two months off.  I’m actually quite impressed with that,” said Moeller.  “If by Feb. 1 it is substantially complete I would probably said that’s okay, but I don’t want to shut that door completely.”  The attorney added that he questions 

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the legality of pursuing damages blamed on COVID.

While Brady seemed to hold steadfast to his belief that damages be imposed, Board member Chad Kuhlers said he also prefers to wait until the project is complete before making a decision.  

David Snyder, one of three brothers who lead the company, addressed the Board, saying his firm has done all it can to move the project along despite the hardships encountered.  

“Over 40-years, all in the field, I can honestly say these last two years have been something I have never seen — and I hope I never see again,” said Snyder.  “We take a lot of pride in making customers happy and getting a job done on time.”

Delays in getting steel posed problems from the beginning, Snyder explained to the Board. 

“Every day we talked about how to get this going and what creative ways could we make things work.  We kept the job force there the entire time.  I have a lot of pride in our guys… We want this to be the best product for the school and city.  I guarantee the quality will be there.  We don’t want to be there any longer than we need to be.”

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