Gym builder refutes ECISD claim it didn't communicate
By BRENDA SOMMER news1@leader-news.com

The construction manager of the new high school practice gym project had objections to statements made about his company during a school board meeting Sept. 18 and in a Leader-News article Saturday.

Mike Weaver, president of Weaver & Jacobs Constructors wrote by e-mail he needed "to clear up a few things" about the Page 1 article relating how El Campo trustees decided to withhold future payments on the gym, originally scheduled to be completed Aug. 1 but still under construction.

"There is a statement that Mark Pool has had little or no communication with the builder. I am at a meeting every two weeks with Mark to go over schedules and updates," Weaver wrote. "I missed a meeting two weeks ago when I was getting my father-in-law moved into an assisted living center. Other than that we meet with him and the architect every two weeks and have done so for the duration of the project.

"There have never been 'repeated' attempts to contact us. We talk every two weeks. No phone calls have been attempted. No e-mails have been sent."

Pool told trustees Sept. 18 that communication had been a problem with Weaver & Jacobs, but said yesterday he thought he was clear the project's program manager (LAN Walton) and architectural firm (RWS Architects) were the ones having the communication problem.

"It actually wasn't me," Pool said. "It wasn't directly with me or the district, but it was with the agents representing us, and they were the ones telling me we had to do something, they're not responding."

That "something" was a recommendation no further payments be made to Weaver & Jacobs until a detailed plan for finishing the gym was presented.

Weaver also said in his email no money is being withheld from the company. The story begins by stating the fact that "district trustees voted to withhold future payments to the builders."

"The board is not 'withholding' $315,000 in payments," Weaver wrote. "That is the balance due on the contract at this time. We are owed nothing right now. Our next bill will not even be submitted until Sept. 30th. We will be done on Oct. 5th so we will just hold our bill an additional week."

Pool said the board voted "not to make any further payments" until Weaver & Jacobs shows progress toward "substantial completion" of the gym project.

"They've got to show us this thing is just about finished before we make any further payments," Pool said.

The remaining balance owed Weaver & Jacobs, both agree, is just shy of $315,000: Some $212,435 in costs and $102,051 in "retainage," money kept in limbo until the district is satisfied the building is entirely as promised.

Weaver contended the rain days the district wants its architects to look over before approving them are not a matter subject to debate. The number of rain days allowed affects possible penalties for project delays of $400 per day.

"Granting or not granting of rain days is not something the owner or architect can or cannot do," Weaver said. "It rained and there are provisions in the contract for that. As far as the rain goes, during the first 235 calendar days of our contract we had 93 days of rain. We applied for the rain days, but it is hard to account for mud and lost productivity.

"Even though we may have 25 or 30 people there trudging through the mud, you really don't get a whole lot done. If you show up and work you don't get a rain day. If you don't show up, you get chewed out."

But Pool said the district and its architects do have sway in whether a rain day is accepted.

"He's under the assumption that just because he turned a rain day in, it's approved," Pool said. "But it's my understanding, after talking with Scott Hester with LAN Walton and Malcolm Gaus with RWS, that according to our contract, the contractor will submit a rain day to the architect, then the architect has to determine whether that's a 'legitimate' rain day."

Weaver said the building is on schedule to be completed Friday, Oct. 5.