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GREENSBORO — Guilford County Schools officials want a deadline extension as they consider a lawsuit against Lyon Construction, which built and renovated Oak Ridge Elementary, a school beset with problems before and after its opening in 2005.

The school system’s attorneys filed an application Friday to extend the time they can file a breach of contract complaint and other claims with Lyon.

Schools attorney Jill Wilson declined to discuss the filing in detail but said the school system is preserving its legal options.

Lyon Construction knows of no flaw in the Oak Ridge building that could cause air quality issues or any other problem, company President John Barrow said Tuesday.

“We have reviewed our files and believe the building was constructed in accordance with the plans and specifications provided by the school board,” Barrow said. “All of our work was inspected and approved by the school system’s architect and the local building inspector.”

Barrow noted that the school board’s petition only asked for time to determine whether there was any problem with his company’s workmanship and included no “specific, factual allegation” about any structural defect.

“If and when we are provided with additional information, then we will certainly respond to it,” Barrow said.

Construction problems, including issues with the sewer system and with roof leaks, plagued Oak Ridge before it was completed, reports show. School employees found mold on books, furniture and places in the school before and after it opened.

Staff and students have complained about myriad illnesses, such as runny and bloody noses, headaches and fatigue, since the school opened. Many staff and parents blame the school building for the sicknesses.

The school system has spent more than $600,000 in the past four years trying to eliminate mold at the school, address humidity concerns, and find and fix anything that might be causing the illnesses. Officials recently decided to temporarily close the building while completing work on the latest recommendations from the National Institute for Occupational Safety and Health.

In recent interviews, several Oak Ridge residents said they hope Guilford County Schools takes action against the general contractor and the subcontractors if their work is to blame.

“I would hate for the taxpayer to foot the bill if it’s something that should have been caught (by the contractor),” said Tim Phillips, whose daughter attended fifth grade at Oak Ridge last year.

Kelli Young, a parent of three students, said the builder should be held accountable for his work.

“Not that I want him (the contractor) to fix any of this,” said Young, who also sits on a committee supervising the temporary relocation of Oak Ridge students to four alternate sites when school resumes this month. “He should pay us back, but I don’t want him to do the work. I don’t trust him.”

Lyon has built more than a dozen schools across the Triad for Guilford and at least three other districts, including those in Forsyth, Davie and Rowan counties.

Besides the Oak Ridge project, Lyon has built or expanded Dudley High, Eastern Middle, Jefferson Elementary and Southwest High.

The Dudley and Eastern Middle projects resulted in lawsuits, one filed by the  Guilford Board of Education and the other by the Winston-Salem contractor.

Lyon sued Guilford schools first, in November 2005, contending the district owed it $706,000 for additional work on Dudley’s $13.8 million renovation and expansion.

The extra work was required, Lyon said, partly because the school system had not properly prepared Dudley for construction. Among other things, the district did not make sure the original building’s floors were stable and failed to completely “remediate” all asbestos contamination, the contractor claimed.

Guilford ended up paying Lyon $425,000 of the disputed amount after court-ordered mediation in late 2006.
About that same time, Guilford filed a lawsuit against Lyon for work at Eastern Middle School, where the roof buckled under the weight of a snowstorm in February 2000.

The district said it hired Lyon to repair the roof at a cost of $375,000, but the contractor cut corners on some of the steel work, welding and drywall framing.

Lyon contended all the work “was performed in accordance with industry standards” and in line with architectural plans.
Like the Dudley lawsuit, the Eastern case ended in court-ordered mediation. Guilford won back $37,500 of its money in the subsequent settlement.

Contact J. Brian Ewing at 373-7351 or brian.ewing@news-record.com

Contact Taft Wireback at 373-7100 or taft.wireback@news-record.com