We write on behalf of the Farmingdale School District in response to Edward Cullen's March 6 letter about the pending litigation involving the Howitt Middle School and Woodward Parkway Elementary School construction projects. Mr. Cullen, the school district's director of facilities during the period when the Howitt and Woodward Parkway construction projects were under way, has asserted that taxpayers' dollars are being wasted by pursuing the lawsuit because both the Howitt and Woodward Parkway construction projects were built "in accordance with the approved plans and specifications."

The board of education disagrees with Mr. Cullen's assertions and his conclusions regarding these matters. The board commenced litigation after receiving reports from district and building officials that water was leaking through the walls, windows and other locations within each building when it rained. To address these issues, the board retained the services of an expert architectural/engineering firm to provide the district with a report as to the cause of the water infiltration. After conducting extensive tests and observations, the experts offered the opinion that the additions had been defectively designed and constructed. In order to correct the problem and construct a proper system for the drainage of water that would naturally penetrate the exterior brick façade, it was estimated by the experts to cost the district millions of dollars.

These are the reasons the board decided to commence litigation after it received the aforementioned expert report and opinion. The fact is, the only manner in which the board can obtain compensation for the damage to these taxpayer-owned buildings from the defendants who, according to the experts, caused the damages, is through this litigation. It is the board's position that the cost of repairs and/or reconstruction should not be paid by the taxpayers. Instead, the defendants should be required to pay these costs and compensate the district.

Mr. Cullen acknowledges that during the period of construction, he served as the district's facilities director and as such was the district's principal contact person with the architect, construction manager and the various contractors. In his letter, however, he has not disclosed that during the course of these litigations, he has given testimony in depositions conducted by all parties. He has testified that he was aware of a water infiltration problem at the Howitt Middle School, both prior to completion of the building and after its occupancy by students. He has also testified that he was aware of water infiltration at "a different location" (presumably, the Woodward Parkway Elementary School). Perhaps most significantly, he has also failed to disclose that during his deposition, he was shown a letter from the mason contractor on the Howitt project to the general contractor complaining that the leak was caused by the architect's defective design which allowed water to penetrate through the exterior walls into classrooms.

Our school buildings are extremely valuable assets, which the board of education has a fiduciary obligation to protect and maintain. The board also recognizes that it has an obligation to protect the safety, educational and work environment of the district's students and staff. As such, we will continue to use our best judgment to protect the assets of our community and to hold accountable those responsible for the current situation.

The Farmingdale Board of Education
Shari Bardash-Eivers, Stephen G. Wilson
President, Board of Education, Vice President
Russ Catanzaro
Tina Diamond
Kathy Lively
Rick Morrison Charles J. Russo