KHS construction

Kodiak High School's tower undergoes construction in March 2014. Drew Herman/Kodiak Daily Mirrro

The company that built the new Kodiak High School is suing the Kodiak Island Borough over change orders the borough denied and problems with the plans.

In a complaint filed in the Anchorage courthouse on July 29, Watterson Construction alleges they are owed $252,000 for denied claims of proposed change orders and unspecified damages to be determined during a trial.

During the course of construction, Watterson asked for changes to the original contract from the borough and the borough also made a number of change orders themselves, according to the complaint.

Watterson charges that the borough broke the contract by not paying for the claims and broke “the covenant of good faith and fare dealing” during consideration of proposed change orders put forth by Watterson.

Watterson also alleges the borough did not give them good plans, stating in the complaint that “the plans and specifications were woefully inadequate, inaccurate and replete with errors and omissions” resulting in Watterson claiming the borough was negligent and broke both explicit and implied warranties.

Because the plans were allegedly of poor quality, Watterson also alleges the borough violated the Alaska Unfair Trade Practices and Consumer Protection Act.

The total project budget, including change orders, was more than $66 million.

Watterson project manager Brent Carson said the company would prefer to stay out of the court system but is doing so in the interest of “preserving our rights.”

He declined to discuss specifics of the claims.

Borough manager Michael Powers directed questions to the borough attorney, Joseph Levesque.

Levesque declined to comment Thursday saying he hadn’t received the complaint. Tuesday afternoon, he said he had not yet read the complaint, and had no further comment.

According to online court records, the case was assigned to judge Mark Rindner.

Contact Julie Herrmann at editor@kodiakdailymirror.com.

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