Oral arguments were originally scheduled for Wednesday, Sept. 19, 2012 in the case involving Man O’Trees’ president and owner David Pfeiffer and the City of Niagara Falls., but now there is an uncertain delay. State Supreme Court Justice Ralph A. Boniello, III was set to hear the case but he has now recused himself. The reason is unknown. The case will be heard by State Supreme Court Justice Frank Caruso in the alternative. A new hearing date has not been established.
Pfeiffer is seeking an injunction to prevent the city from awarding a new construction contract for the Route 104 Lewiston Road construction project and from making defamatory comments about him and his company. Though the city is presently enjoined from actually performing any work on the site, they have moved forward with awarding the construction contract. Accadia Contracting was the lowest responsible bidder with a winning bid of $4.4 million, beating out Catco, Cerrone and Yarussi construction companies.
While the preliminary injunction remains in place, Pfeiffer’s lawyer, John Bartolomei, remains concerned on two levels. He maintains that Pfeiffer wants to complete the job, but that he needs assurances that funds will be available. The original funding plan used a reimbursement grant from the state, which means the city has to pay for the work first and then, if the job is done correctly, the city will get reimbursed. By awarding the bid to Accadia, the project will be more than $3 million over budget.
Bartolomei also stressed the main reason for the lawsuit from his client’s perspective is safety. The street should not be opened up without radiation protocol in place. Without a proper radiation protocol, opening up the street will “expose all those people again.”
Pfeiffer told the Reporter that his foreman, who had the most exposure on the site, has since contracted lung cancer. He acknowledges that Don Heater was a smoker, but he was also the most exposed worker. The original projection said there was 550 yards of radioactive material, but they now believe it may be as much as 7,000 yards.
Pfeiffer would like more certainty. Allegations in the complaint require a thorough investigation be done by a qualified expert to determine the levels of radioactivity before reopening of the street.
Paul Marinaccio, president of Accadia Contracting, is more concerned about moving the work forward. “If I get started on this job early next year, I can assure residents that the job will be done by July 1. It is getting late to start it now this year.”
Accadia has been in business 38 years. Marinaccio said he will put “30 guys” on the job to finish it quickly and efficiently.
“If they give me the job early enough, you might see a chunk of this work done this year,” he said. |