Monday, December 8, 2014

Judge Mills ruled against Lisbon School Department ----- by Joe Hill

On Monday,  Justice Nancy Mills  ruled that the Lisbon School District must award a multimillion-dollar school construction job to the construction company that submitted the lowest bid.  (Landry/French)

This ruling wasn't a surprise to the contracting community. The leaders of both the  Maine's Associated Builders  and the Associated General Contractors of Maine Joined Landry/French in calling for the School District to award the contract to the lowest bidder.
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 Even Ledgewood Construction, the School Boards choice for the project,  refused to participate in this lawsuit. I think this is a clear indication that they knew Lisbon was in the wrong.

According to this Decision: Mr. Green and Ms Messmer, from Lisbon Schools, met with Ryan Kanteres project manager for the architect. At that meeting Mr. Green got the impression that the architect preferred working with Ledgewood construction over Landry/French.  Mr. Green was also led to believe that Ledgewood Construction had a better On time/budget record than Landry/French as well as a better understanding about alternate nr.5 of the bid.  (none of these accusations turned out to be true)

If there was any truth to this slander it would have been easy to authenticate with actual facts and numbers from previous work done by Landry/French--- none was given.

 All of these so called "impressions" were nothing more than inadmissable hearsay. Mr. Kanteres did not back up anything with proof. He even failed to supply the court with a sworn affidavit. Lisbon's whole case hinged on these "impressions" received during this conversation.

The big question here is "Why is our school board using IMPRESSIONS as the basis for their decisions?  

As you read the 14 pages of Judge Mills decision you begin to realise that this case should never have gone to court. 
Landry/French tried to settle this out of court but Lisbon School Department wouldn't consider their requests. This left Landry/French with but one option, to take Lisbon to court.

What actually happened: 

I believe someone involved in this project fed Mr. Green and others false information in an attempt to steer this bid to Ledgewood Construction. Due to Mr. Greens inexperience  dealing with contractors he believed these allegations and took them to the School Committee who in turn passed over the low bidder and gave Ledgewood the contract.

On page 13 of the judges decision she addresses the subject of security. I wonder if she was hinting that Landry/French may have a case against Lisbon for monetary damages due to Lisbon's misconduct?  Landry/French didnt ask for money but may well be due compensation for court costs.

This decision makes it abundantly clear that Landry/French was the injured party here not Lisbon School Department.  We should be ashamed of ourselves for putting this company through this ordeal. 

Don't take my word for this, read the Judges decision. I think you will be shocked at what Lisbon did to this Contractor's good reputation.

Respectfully
Joe Hill