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Mediation Ahead for West Preston Lawsuit

Thursday, October, 18, 2018

All parties included in the lawsuit concerning the construction of the West Preston School have been ordered into mediation by the judge overseeing the case.  The first mediation session will take place in November.


This comes after a mediation attempt was made in May and failed.


According to some of the attorneys involved in the lawsuit said that, not all parties were in attendance during the entire May session and they have also been difficult to schedule in future mediation sessions.  The implication was they are avoiding the process.


The judge ordered the upcoming mediation after most of those involved said they would be available to attend.  He also set a February trial date, should this mediation attempt prove unsuccessful.   The judge also made it clear that people who have full settlement authority must be in attendance at the November mediation sessions and that all parties do what they can to mediate in good faith.  He concluded by saying that “… it appears from what’s been said today if I don’t direct it, it won’t be done. ”


The dispute began in January 2017 when the Preston County Board of Education filed a lawsuit against Capital Valley Contracting Inc. , Architectural Vision Group Ltd. , Lewis Land Profession Inc.   and Great American Insurance Co. , claiming the school was not built properly.  GPD Group and Ebersole Structural Engineers Ltd.  were later added to the suit.


According to the lawsuit, the board is seeking “recovery of damages related to deficient site work, breach of contract, professional negligence, bad faith and negligence surrounding the design, construction and contract administration during the construction of improvements and additions to the West Preston Middle School and Valley Elementary”.