The contractor who built a children's splash pad in Collins Park last summer faces a lawsuit saying the work was faulty and the pad had to be removed.
The Scotia-Glenville Lions Club, which contracted to have the splash attraction installed as an amenity for the village park, is suing Professional Diving Services of New York of Galway and its CEO, Geoffrey Bullock, for reimbursement of the $25,200 it paid for the concrete pads with wet jets, plus attorney's fees and punitive damages.
The lawsuit was filed last week in state Supreme Court in Schenectady County.
The Lions, a community service organization, raised funds for the project and planned to donate the splash pad to the village, but the lawsuit alleges that during and after construction, the concrete work was defective in various ways, including having rough and uneven surfaces. It said Pro-Dive, as the company is also known, refused to replace it. The pad never opened for public use, and the village of Scotia removed the splash pad last October.
Pro-Dive did not respond to a phone message Monday requesting comment.
In a splash pad, choreographed jets of water shoot into the air for a set amount of time. in Scotia, there were to be two separate areas so small children and older children could both play safely. Last May, Mayor Kris Kastberg said the splash pad would give children a way to get wet in the summer without going into Collins Lake, which remains closed to swimming by state Health Department order because of sediment suspended in the water.
The lawsuit alleges that the splash pad constructed by Pro-Dive included concrete pads that sloped more than the prescribed 1 or 2 percent; that the joint between the two pads wasn't level, creating a tripping hazard; that depressions in the concrete surface would lead to water pooling on the surface rather than draining; and that the finished project contained rough surfaces, among other defects. The company was paid, according to the lawsuit, and has refused to return the money or re-do the work, although the lawsuit says the problems were brought to the contractor's attention during construction.
The lawsuit alleges "breach of contract, unjust enrichment, negligence, negligent misrepresentation" and violations of business law.
The Lions, meanwhile, have resumed community fundraising, hoping to get a new splash pad built this coming summer.