Lawsuit Filed Against Upper Merion Over New HS Construction

UPPER MERION, PA — A lawsuit filed this week against the Upper Merion School District claims that officials wasted taxpayer money by awarding an HVAC contract related to the construction of the new high school to an unneccessarily pricey bid.

The action was entered in Montgomery County Court on June 15 by a taxpayer in the Upper Merion School District, 10x Investments LLC. They argued the district violated Pennsylvania public bidding law in their actions.

A spokesperson for the Upper Merion School declined to comment on the matter.

"Taxpayer money is not a plaything," Anthony L. Byler, an attorney with the law firm Cohen Seglias Pallas Greenhall & Furman PC, which represents 10X, said in a statement. "Pennsylvania law requires school districts to secure the least costly contract for the taxpayers. A school district is required to obtain materials and supplies at the best possible price."

The suit argues that Myco Mechanical, a Telford-based business, placed a significantly cheaper bid for purchase of the same required cooling equipment, manufactured by Johnson Controls. Myco's bid was $13.9 million while Trefz Mechanical, which was awarded the contract, bid $14.5 million, according to the suit.

Pennsylvania's public bidding law requires competitive bids for school construction projects be awarded to the lowest "responsible" bidder. Attorneys for 10X argue that the district did not provide an explanation for their decision.

The suit seeks the court to order the contract awarded to Trefz to be vacated, and awarded instead to Myco.

There is no relationship between 10X and Myco, a spokesperson for the law firm said. 10X is bringing the lawsuit because they are within the Upper Merion School District.

Officials have stated in the past they hope that the new high school will be completed by fall 2022.