The SDA provided formal notice yesterday to Bergen Engineering Company of East Rutherford that it has 15 days to get the project on schedule for completion on August 1, 2008 or receive an order of termination.

The move is the latest in a series of actions by the SDA since early 2007 to hold companies accountable when they fail to perform as required under contract.

"Bergen Engineering has let down the students and staff of Elizabeth Public School No. 28, as well as the taxpayers of New Jersey," said Scott Weiner, CEO of the SDA. "Unforeseen problems can arise on any construction job, and we’ll work with contractors when they demonstrate the capability to respond. There comes a time when we lose confidence in the ability of a company to complete the task that they were contractually obligated to perform. We will continue to take action where appropriate to ensure schools are delivered on time."

The contract originally required the school to be substantially complete by August 24, 2007, but the project fell behind schedule. In the notice issued to Bergen yesterday (see attached letter), the SDA ordered Bergen to provide a viable recovery plan to ensure completion by August 1, 2008. Bergen is being required to immediately launch work and, if necessary, pay for overtime to meet the deadline.

A review of Bergen’s latest schedule submission shows that under the best of circumstances, the general contractor likely would not complete work until November 2008.

Bergen has until March 13, 2008 to meet the conditions spelled out in yesterday’s notice or be declared in default and terminated.

The new three-story building on South Front Street in Elizabeth will be approximately 119,200 square feet and have a capacity of 750 students for students in pre-K to 8.