NCTC to receive more than $1.5 million from lawsuit

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North Central Texas College is set to receive more than $1.5 million after the successful mediation of a lawsuit filed against Crandall Design Group and others associated with construction of the college’s First State Bank Center for the Performing Arts. File photo

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February 1, 2013

NCTC to receive more than $1.5 million from lawsuit

Special to the Register The Daily Register Fri Feb 01, 2013, 09:14 AM CST

Gainesville — After years of legal wrangling and months of mediation, a lawsuit concerning the First State Bank Center for the Performing Arts has been successfully mediated and the results released.

While the lawsuit was mediated on Aug. 7, 2012, the results could not be released until all action had been completed. The court order dismissing the lawsuit was granted on Jan. 3.

As a result of the mediation, the college received $1,527,500. That result was announced at Monday’s meeting of the Board of Regents of the North Central Texas Community College District.

NCTC filed suit against Crandall Design Group, Frederick Crandall, Cuthbertson Mechanical Engineers, ZZ Consulting PA and Progressive Roofing Inc., in August 2009 for the poor design of the $5 million performing arts center, which was completed in 2005.

According to the complaint, within a year of the building’s completion, it was showing signs of “substandard design services.” The lawsuit stated that “water began to gather and pond underground beneath the theater’s orchestra pit; water began seeping through concrete, dry wall and baseboards; mold began growing on interior walls due to excessive moisture/humidity; and the roof began leaking.”

At Monday’s meeting, regents approved a proposal of TDIndustries for energy savings projects on the Corinth campus, as well as a 10-year Planned Service Agreement with TDI.

The TDI energy savings proposal is a program to replace current energy-inefficient and aging equipment on the Corinth campus with new, energy-efficient equipment. The overall proposal cost is $627,654.

The proposal includes replacement of interior and exterior lights, replacement of 79 Heating and Air Conditioning units and four air handlers, installation of an energy management system, and installation of urinal flush valves.

The board then approved funding the proposal by authorizing the transfer of $630,000 from discretionary board reserve funds.

Regents then voted to call a board election on May 11 for two open seats, Place 1 currently held by Christy Morris, and Place 2 currently held by Ken Coolen.

The board then approved a joint agreement between the college, the City of Gainesville, the Gainesville Independent School District and North Texas Medical Center for a shared polling location on election day. It allows voters in 11 precincts to all vote at the Gainesville Civic Center.

Regents also approved all faculty contract renewals for 2013-14 and approved the hiring of Derrick Ford as Coordinator of Student Life and Lynn Swisher as Associate Degree Nursing (AND) instructor. They also approved the resignation of AND instructor Ginger Hinshaw.

Board members then went into executive session to discuss real estate and personnel, but no action was taken.

Early in the meeting, regents were updated on renovation projects in both the 600 and 100 buildings on the Gainesville campus.

Projects in the west wing of the 600 building and restrooms in the south wing of the 100 building have been completed. The board previously approved $1.442 for this renovation project, but it was reported that there should be a savings of around $35,000.

Renovation work on the south wing of the 100 building have begun. Asbestos removal was completed on Jan. 19, and renovation began on Jan. 22 and should be completed on Feb. 22.

All board members were present for Monday’s meeting.

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