Citing millions of dollars of legal fees, a judge ordered DeKalb County schools to mediate its case with construction giant Heery International.
The school system has spent more than $15.5 million in legal expenses in an ongoing civil suit with Heery/E.R. Mitchell over management of the school’s construction program. On Tuesday, DeKalb Superior Court Judge Clarence Seeliger ordered the parties to attend mediation.
“I’m worried that we will continue to accrue more attorney fees,” the judge told the parties. “This has grown far, far too expensive for the parties, and one party is the school board. Taxpayers are paying for this. Mediation is the best way to get this resolved."
The school system and Heery must submit recommended mediators by April 4. The judge will then interview the mediators. If the parties can not agree, the judge will select a mediator.
“I can not order you to settle this case, but I can order you to sit down and talk,” Seeliger said.
Heery managed the school system SPLOST from 2002-2006. In 2006, the school system terminated Heery after board members began accusing the company of overbilling and questionable work. Heery sued, demanding payment of about $400,000 that it said the school district still owed the company. DeKalb countersued for $100 million, alleging fraud and mismanagement.
As of Tuesday, no trial date was set. It likely will be another year before the trial is scheduled, attorneys said. The district and Heery went to mediation in 2009, but it was unsuccessful, school lawyers said.
“The parties got a stern instruction from the judge to go to mediation," school lawyer Ray Persons said Tuesday. "We welcome any opportunity to discuss the resolution of the case to get the taxpayers’ compensation for the wrongdoing that has been done by Heery/Mitchell.
Heery attorney Mark Grantham declined to comment.
Board chairman Tom Bowen said the board was satisfied that the judge recognized the expense the district has incurred.
“The board was pleased that the judge recognized the expense in this case is being carried by the taxpayers and is requiring mediation,” he said. “We feel strongly about our case but support anything which might speed its resolution.”
About the Author
