M & J Construction Co., Inc. v. Smiley, 022720 RISUP, PC-2020-00657

Docket Nº:C. A. PC-2020-00657
Opinion Judge:GIBNEY, P.J.
Party Name:M & J CONSTRUCTION CO., INC. v. BRET SMILEY, DIRECTOR, ACTING BY AND THROUGH THE STATE OF RHODE ISLAND, DEPARTMENT OF ADMINISTRATION, DIVISION OF PURCHASES, AND NANCY MCINTYRE, PURCHASING AGENT, ACTING BY AND THROUGH THE STATE OF RHODE ISLAND, DEPARTMENT OF ADMINISTRATION, DIVISION OF CAPITAL ASSETS MANAGEMENT AND MAINTENANCE
Attorney:For Plaintiff: Girard R. Visconti, Esq. For Defendant: Daniel W. Majcher, Esq. Jennifer S. Sternick, Esq.
Case Date:February 27, 2020
Court:Superior Court of Rhode Island
 
FREE EXCERPT

M & J CONSTRUCTION CO., INC.

v.

BRET SMILEY, DIRECTOR, ACTING BY AND THROUGH THE STATE OF RHODE ISLAND, DEPARTMENT OF ADMINISTRATION, DIVISION OF PURCHASES, AND NANCY MCINTYRE, PURCHASING AGENT, ACTING BY AND THROUGH THE STATE OF RHODE ISLAND, DEPARTMENT OF ADMINISTRATION, DIVISION OF CAPITAL ASSETS MANAGEMENT AND MAINTENANCE

C. A. No. PC-2020-00657

Superior Court of Rhode Island, Providence

February 27, 2020

For Plaintiff: Girard R. Visconti, Esq.

For Defendant: Daniel W. Majcher, Esq. Jennifer S. Sternick, Esq.

DECISION

GIBNEY, P.J.

Before this Court is Petitioner M & J Construction Co., Inc.'s (M & J) request to appoint a mediator in a contract dispute between M & J and the Rhode Island Department of Administration, Division of Capital Asset Management and Maintenance (the State). M & J alleges that the State did not comply with the requisite contractual procedure for termination and asks this Court to appoint a mediator to resolve the dispute.

On February 1, 2018, the State entered into a contract agreement (the Contract) with M & J to renovate and replace two elevators in the William E. Powers Building in Providence. (State Ex. 6, Request for Certification at 1, Dec. 16, 2019.) The State alleges that the scheduled completion time for the work was extended from October 2018 to July 2019 and that the work presently remains unfinished. Id.

On December 16, 2019, the State sent its Request for Certification that Sufficient Cause Exists to Justify Termination of Contract (Request for Certification) to State Purchasing Agent McIntyre. Id. McIntyre served as the Initial Decision Maker under the Contract. (Compl. at ¶ 6.) The State alleged that it had cause to terminate the Contract under two termination provisions: first, that M & J "repeatedly failed or refused to supply enough properly skilled workers or proper materials"; and second, that M & J breached the contract. (Request for Certification at 1; Contract A201 at § 14.2.1.) Specifically, the State alleged that M & J allowed its primary subcontractor to stop work without advanced notice; that M & J failed to verify existing conditions at the elevator site; that M & J failed to coordinate generator...

To continue reading

FREE SIGN UP