Mar 27, 2008
Wells Hill
‘Hold harmless’ for bridge may be against public policy
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by Maggie Caldwell
Hersam Acorn Newspapers
Progress on the rebuilding of the washed out Wells Hill Bridge may be delayed as the town of Easton contemplates haivng to switch engineers in mid-stream.
The indemnification agreement requested by the engineering firm hired to rebuild the Wells Hill Road bridge may be prohibited by law, according to Easton’s insurance agent.
Glen Jarvis, project manager from the Rocky Hill-based engineering firm Tectonic, requested a “hold harmless” letter before his firm completes the final design for a single-lane, 14-foot-wide bridge over part of the Aspetuck River. The bridge would replace the existing span, which has been closed since a rainstorm washed it out in April 2006.
The bridge itself is in Easton, which is therefore responsible for its replacement, but it connects to Wells Hill Road in Weston.
The purpose of the hold harmless letter is to distance Tectonic from liability related to the design. If there were ever an accident related to the bridge, the town of Easton would not only have to pay for the firm’s legal defense, but would also have to indemnify it from any damage award.
The firm called the design “substandard” because it doesn’t meet federal standards for state reimbursement. The state favors a two-lane bridge for the site, basing its assessment on the amount of daily traffic the bridge typically received when it was open.
The Easton Board of Selectmen earlier this month rejected Tectonic Engineering & Surveying Consultants’ request to sign a hold harmless letter, instead asking if the firm would agree to send the town a disclaimer letter.
However, Donald Benvie, president of Tectonic, rejected that request saying they would not go forward with performing the final design until a hold harmless agreement is in place.
Easton’s insurance agent has been looking for a project-specific insurance policy for the town; however, attempts have been “futile,” said Easton First Selectman Tom Herrmann last Thursday.
Last week, it was brought to the first selectman’s attention that a hold harmless clause is against public policy in certain construction contracts. Mr. Herrmann sent a copy that section of the state statute signed by the state legislature in 1977 to Tectonic.
On Tuesday morning, Tectonic responded saying the firm will not go forward with work.
Based on that information, the Easton selectmen said they may call Tectonic on a breach of contract.
The board has asked Ed Nagy, Easton’s director of public works, to engage the second lowest bidder for the project. That bidder has indicated that a disclaimer letter would be sufficient to complete the work under the current design, Mr. Herrmann said.
© Copyright 2008 by Hersam Acorn Newspapers
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