Representative Services

SERVICES SUMMARY

The Firm has represented the Board of Education of Frederick County, Maryland in various construction claims and litigation related to new construction and to renovation projects at several schools. The firm has also advised the Board on employment, standardized contract and insurance matters.

Mr. Ferguson represented the Board of Education in a dispute with a contractor regarding masonry and structural work at two new schools which were not constructed in compliance with the plans and specifications. These disputes also involved the surety company’s performance bond and a claim by the contractor for unanticipated rock excavation. Mr. Ferguson  investigated the claims by and against the Board, advised the Board regarding completion of all necessary corrective work under the terms of the contractor’s contract and represented the Board in the litigation. In 1993, the case was negotiated to a successful conclusion which was satisfactory to the Board and consistent with its original position when the dispute arose.

The Board of Education retained Mr. Ferguson to draft standardized design and construction contracts for its use. They prepared contract documents tailored to the Board’s requirements including an owner-architect design contract, an owner-contractor construction contract, general conditions and supplementary conditions for construction. These documents are currently being used by the Board.

The Firm represented the Frederick County Board of Education in litigation with a contractor arising out of a multi-phased renovation and asbestos removal project at a county school. The Board filed suit for additional costs incurred due to the contractor’s improper demolition procedures which contaminated certain areas of the school with asbestos containing materials. The contractor counter-claimed for extra work related to the removal of asbestos containing materials in unanticipated areas of the project. After a thorough investigation and lengthy discovery regarding the competing claims, Mr. Ferguson coordinated a successful resolution among the contractor, the Board and the Board’s insurance carrier.