New Names Added To Homeowner Suit Over Cole Construction

Homeowners from Sarah's Trace have added two new parties and new negligence and punitive damage claims to a lawsuit initially filed in 2011 alleging construction of the new Cole Middle School building damaged their houses. Cole was constructed between 2009-11. 

The suit added Jay Gowell, former head of the School Committee's Building Committee, and SMMA, the architectural firm responsible for the building's design. Already named in the suit are the Town of East Greenwich, the EG School Department, project managers SBS, engineering firm Aldinger & Associates, contractor Gilbane, and construction companies Fleet and Manafort Brothers.

The Building Committee was made up of resident volunteers, one member each from the School Committee and the Town Council, and School Department employees. Gowell, a lawyer, lives in East Greenwich and has had three children go through the EG school system. 

The residents who brought the suit (i.e. the plaintiffs) are Chris and Sue Lamendola, 50 Sarah's Trace, Tom Hogan and Cynthia Peloso, of 40 Sarah's Trace, and Keith and Wendy Amelotte, of 35 Sarah's Trace. The Lamendola and Hogan/Peloso houses abut Cole Middle School; the Amelotte's live across the street. 

According to the amended complaint, the plaintiffs added Gowell and SMMA and the new negligence and punitive damage claims because of information uncovered during the "discovery" phase of the suit, in particular, some email exchanges. 

The Lamendolas, whose house is closest to the new building, first complained their house was shaking and vibrations were causing damage in November 2009. Hogan and Peloso filed a complaint in December 2009. The Amelottes joined the others in 2010.

Aldinger Associates, an engineering firm working on the middle school project, completed a seismic study, based on results from monitors placed at the site between Dec. 28, 2009, and Jan. 22, 2010. The report  stated vibrations recorded at the site were within the range (below .5 PPV) in which they should not have caused damage to structures. The peak vibrations recorded were in the .05 to .16 range, with one episode of .27 PPV. 

Despite these results, the residents continued to complain about vibrations and damage to their houses. By May, they asked that the contractor stop using large vibratory rollers on the site. Such rollers are used to compact soil. 

Email exchanges that have been filed with the complaint show in 2010, some elected officials agreed with the homeowners. In an email from May 2010, then-School Committee Chairwoman Jean Ann Guliano told Chris Lamendola, "I think it is important to recognize that the construction methods have impacted your property."

The School Committee then directed SBS "to pursue alternative construction means on site that will potentially reduce the impact of activities upon neighbors."

On June 7, Lamendola emailed school and town officials, angry that the vibratory roller was in use. Town Council President Michael Isaacs's response on June 9: "I cannot believe this happened. The matter will be addressed with Gilbane."

Those involved with the actual construction, however, had a different reaction to the demand to cease use of the vibratory roller.

"If vibratory compaction is positively removed from the scope [of the construction] SMMA will request a waiver of liability from failures and defects in the work associated with this. SMMA does not recommend eliminating the use of vibratory compaction from this project," reads an email from SMMA to SBS from June 15, 2010.

On July 8, Jon Winikur, the main SBS representative working with East Greenwich, sent an email to Jay Gowell outlining his thoughts about use of the vibratory roller and damage to nearby homes.

"I have never experienced the damage being reported at the middle school site. Normally such damage only takes place from more impact intensive construction techniques such as blasting, pile driving or deep dynamic compaction," he wrote. "… We can say with confidence that there shouldn't be a connection between the vibrations emanating from the construction equipment and the damage being reported at adjacent structures. However, it is possible that, due to yet to be observed circumstances, there is a connection between the vibrations and the reported damage."

"Finally … how do we behave in light of the claims of damage being made? … We need to accept … that we will only learn the facts when all the information is skillfully assembled and analyzed. We also need to suppress the natural inclination to help those reporting damage. Of course we all would stop and offer help to a citizen in distress at any point in our personal lives. But, when we act as a town, a committee or a firm over a protracted period of time we are committing corporate resources to the situation and corporately validating the need for the commitment of such resources. … I know that as individuals we all wish to know everything and want to help those in distress. However, our best individual inclinations aren't useful in this situation. It is my hope that the above thoughts help us all deal with the vibration issues at the new middle school site in an objective manor that is helpful to ALL residents of the town."

The School Committee, based in part on this information, voted to allow the contractor to continue using the vibratory roller during a meeting July 9, 2010. 

In adding Gowell to the lawsuit, the complaint states, "Defendant Gowell breached his duty by negligently failing to take reasonable and appropriate measures to gather the information necessary … as to whether or not the property damage suffered by the plaintiffs was being caused by the means and the methods of construction and whether there was a reasonable, safe and suitable alternative…."

The suit also accuses Gowell of using his position as chair to "force decisions that were consistent with his admitted position that Mr. Lamendola was 'entirely unreasonable.'" It cites an email Gowell sent to Jon Winikur of SBS, regarding SBS's request for a "fee adjustment" because of the extra time spent on the project dealing with neighbor issues. "I think a fee adjustment for your firm is entirely appropriate," reads Gowell's email. "You have done a fantastic job with an entirely unreasonable citizen…."

Efforts to reach Gowell for a comment were unsuccessful.