After a lengthy discussion that at times got heated between attorneys, engineers, and contractors, the Ville Platte Housing Authority Board of Commissioners decided to withhold substantial completion and payment of capital funds in connection with the installation of windows. The cause of the withholding is certain issues with the windows that were discovered after completion of construction.
Sherman Dupre, the contractor, told the board during a special meeting held Wednesday, January 20, the contract was only for the window installation. “Our contract wasn’t for the mechanical aspect of the windows, the testing, or anything of that nature,” he said. “The installation and the things we are responsible for within the specifications to put the window in is to make sure they affix to the building.”
He went on to say, “As for what’s on the paper document, there is nothing at all that we, as the contractor, haven’t done. The windows are affixed. Trim is around. The window is there.”
Dupre claimed there are latent defects with a total of 42 windows. He went on to claim that relates to the mechanical aspect.
Dupre argued the manufacturer was responsible for repairs, and the only way to get the manufacturer to the table is to sign the substantial completion.
“Substantial completion triggers additional resources in your warranty with the manufacturer,” stated Dupre. “He’ll come in and fix the windows as part of the manufacturer’s warranty.”
“We can’t fix your windows,” he continued. “I can’t physically fix your windows nor was it in our contract for us to do the mechanical adjustments to the windows.”
The argument of the board and their engineers from J. Ronald Landreneau and Associates was the contractor is responsible for the repair of the windows under provisions of the contract.
Earlier in the meeting, the board went into executive session to discuss pending litigation.
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Tony Marks
Editor