City in court again this time on Custom House

The 1863 Custom House probably picked up a lot of pigeon droppings over the years.

Pigeons have been utilizing the Custom House for almost 150 years.

Cleaning up bird excrement is not as easy as it looks. There is safety protocol involved.

The City of Niagara Falls will find itself in court over a construction dispute, and this time it has nothing to do with the Route 104 Lewiston Road project. This time, it is about the Niagara Falls Historic Custom House Restoration Project.

On Sept. 10, Joseph Manna of Lipsitz Green Scime Cambria LLP filed a Summons and Complaint in State Supreme Court on behalf of his client, Resetarits Construction Corporation, for breach of contract.

Resetarits was awarded the Custom House contract in July 2010, with construction following in the Fall. When a large quantity of pigeon droppings were found, a change order was needed to remove and dispose of the droppings and clean and treat the affected areas. As work continued, asbestos and underground storage tanks were also discovered, and further change orders were necessary. Other tasks also emerged. The work required the engagement of sub-contractors and suppliers who were not originally expected to be used in the bid specifications.

The additional work, not part of the original job specification, was allegedly done by Resetarits at the request of the City’s consulting engineers, Wendel Duchscherer. Wendel is also the engineering firm working with the city on the Lewiston Road project.

Though Wendel seemingly authorized the additional work, the city has not officially approved the change orders and has refused to formally grant additional time to complete the work.

As a result, Resetarits has not been paid, even though it is largely undisputed that the work was performed at the city's (or its agent’s) direction. The change orders are worth approximately $295,000. Resetarits made a formal request to the city in February 2012. Negotiations with the City’s Corporation Counsel soon followed.

Manna wrote to Corporation Counsel Craig Johnson on Aug. 21, in a last effort to avoid litigation. He sought payment for the change orders and for monies due for work under the original contract which has to be formally approved by the city. The work was completed 18 months ago and, according to the contract, should have been submitted to the council upon completion. Manna granted the city three business days to respond to his request for a meeting with the City Council and the mayor to resolve the issue. A lack of response would be deemed a denial, and litigation would follow.

A court date has not yet been set.