October 24, 2014

Elyria
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Elyria Schools sued over EHS project

ELYRIA — A subcontractor contends that it performed nearly $425,000 worth of work on the new Elyria High School but hasn’t received a dime for its effort.

Sitetech, a Grafton-based excavation company specializing in commercial, industrial, athletic and municipal site work, filed a lawsuit Friday in Lorain County Common Pleas Court against Energy America Geothermal, LLC, a New Mexico-based company.

Elyria Schools is named as a co-defendant in the case.

Energy America was the lowest bidder and won the geothermal contract with the school district worth more about $1.7 million. Installing the geothermal system, the most eco-friendly of the building’s features, involved digging deep into the ground so the earth could be used to heat and cool the building.

The new Elyria High School has close to 300 such holes on the property.

In the lawsuit, Sitetech argues Energy America hired the company to do excavating work so the area would be prepared for drilling. The company contends it is owed more than $425,000 for labor and materials associated with excavation work on project, no part of which has been paid although demand for payment has been made.

The work is question was completed between Oct. 13, 2008, and April 25, 2009.

Sitetech is suing for breach of contract and wants to collect interest and attorney fees.

In addition, the lawsuit also asks Elyria School to release any funds it may be holding that rightfully belong to Sitetech.