Pell School Commissioning Agent Revoked, Documents Show

According to evidence submitted Tuesday as part of the Rhode Island Department of Education hearing against the design and public process of Claiborne D. Pell Elementary School, the School Committee’s commissioning agent may not be within RIDE standards.

As of June 20, the Office of the Rhode Island Secretary of State certified that Strategic Building Solutions, LLC was revoked qualification to do business in Rhode Island on Nov. 8, 2010. The company was certified qualified on March 31, 2005.

Jonathan Winikur, owner’s representative of Strategic Building Solutions from Old Saybrook,CT, was The commissioning agent acts during the design process to assist with design intent and the construction management process.

According to the Rhode Island Limited Liability Company Act, the authority of the limited liability company ceases once a certificate of revocation is issued. Certificates are issued in instances of fraud, exceeding or abusing authority, failing to file annual reports on within the deadline, failing to appoint or maintain a resident agent within the state, or misrepresentation in official documents.

Strategic Building Solutions was certified for business in 2005 and filed limited liability annual reports for 2006 and 2007, however was issued another revocation certificate in 2008.

RIDE School Construction Regulations call for districts to “ensure that all contracts and subcontracts are complied with and are in conformity with all applicable provisions of federal, state, and local laws and regulations.”

Newport School Committee Chair Patrick Kelley said the discrepancy is likely a filing error, and during testimony said he was not aware of the revocation. 

“It’s based on missing paperwork, not something they did wrong,” Kelley said. “They are conducting business in Rhode Island . . . They are also working with East Greenwich.”

The original certification was accepted by hearing officer Kathleen Murray as evidence in the hearing.