Albanese D & S, Inc. contracted to replace the fire pump owned by the
Millyard Association. The fire pump had bcen housed in the Millyard Boiler Building
which was taken and demolished for the parkway. Albanese D & S, Inc. completed its
work on March 10, 2015, three (3) months behind schedule. The delay caused by
Albanese D & S, Inc. has negatively impacted completion of work by other contractors.
The contract with Albanese D & §S, Inc. provides for hquidated damages, under certain
circumstances, for failure to meet the scheduled completion date.
Due to the complex nature of construction litigation and the anticipated scope and
duration of litigation in this matter, the Office of Corporation Counsel believes that
outside counsel with expertise in construction law should be retained by the City for these
matters. See the attached Scope of Services and Resume of Attorney Spinella.
This office requests your approval to retain Attorney Spinella for an amount
initially not to exceed $50,000 plus expenses. Should additional funds be required during
litigation, a request will be made to this committee. Funds sufficient to cover the
anticipated cost of litigation are available from Broad Street Parkway funds, Account #
1061 .60.05.65.
229 Main Street P. O. Box 2019 / Nashua, NH 03061-2019 / Telephone (603) 589-3250 / FAX (603) 589-3259
