Wildwood Boardwalk Project PAUSED Due to Lawsuit

Wildwood Boardwalk Project PAUSED Due to Lawsuit

A 132-page lawsuit was submitted to the county courts this month which could see a major delay in the Wildwood Boardwalk Reconstruction Project.

On August 11, 2023, the City of Wildwood issued a Notice to Bidders for the 2023 Boardwalk Rehabilitation Phase III, IV & V project. This project involves the rehabilitation of the Wildwood Boardwalk, Oak Avenue to Spicer Avenue, and the replacement of the Cedar Avenue Connector section.

The project would see the existing boardwalk and substructure undergo a complete demolition and removal of the cantilevered concrete slabs, the fixing of the concrete supports, the rebuilding of the decking, and the installation of light poles.

The specifications for this project were incredibly detailed, outlining the scope of work, materials, and standards required. Notably, the project mandates the fabrication, delivery, and installation of structural steel and ornamental iron elements. Structural steelwork is critical due to its load-bearing nature, making expertise and experience crucial for both project completion and public safety.

Upon collecting bids, the City of Wildwood awarded the contract to Fred M. Schiavone Construction, Inc..

The initial signs of progress were visible during the week of October 9th when Schiavone Construction commenced work by installing fencing along the boardwalk.

In the following days, Schiavone proceeded to remove the first layer of the boardwalk’s top decking, marking the first steps towards its reconstruction.

These first days of construction were documented via the Wildwood Video Archive in a tour video. You can watch that video at the bottom of this article.

Work came to a complete stop after a lawsuit was filed just days after construction got underway.

L. Feriozzi Concrete Company (Feriozzi) submitted a Verified Complaint against the City of Wildwood and Fred M. Schiavone Construction, Inc. (Schiavone) on October 11th.

The lawsuit centers on a bidding process for the 2023 Boardwalk Rehabilitation Phase III, IV & V project.

Feriozzi’s complaint alleges that Schiavone’s winning bid poses risks to the project’s integrity and public safety due to its lack of qualifications and equipment to perform structural steelwork.

According to the lawsuit, Schiavone submitted a bid for the project, but it failed to name a subcontractor for the Structural Steel Work. This omission raised concerns about Schiavone’s ability to perform this critical aspect of the project.

Feriozzi says that Schiavone’s track record, particularly in comparison to its previous work on Phase II of the same City of Wildwood Boardwalk rehabilitation project, demonstrated inconsistencies in naming a structural steel subcontractor.

In Phase II, which involved less structural steel, Schiavone had named a subcontractor, while for the current Project, it had not.

Feriozzi’s complaint alleges that Schiavone lacks the necessary qualifications and equipment to self-perform the Structural Steel Work, which could jeopardize the project’s completion and public safety.

To quote the lawsuit,

“Because Schiavone specializes in public work, which often requires DPMC qualifications, it benefits from achieving DPMC qualification in every category within its skill sets. Hence, its qualifications in twelve (12) different specialties. Schiavone has not been qualified to perform structural steelwork per the DPMC. Though DPMC qualifications may not be a prerequisite to perform work for the City, they do provide strong presumptions of ability and experience. Moreover, the Specifications also required bidders to show that they own or have control over the equipment needed to complete the project. Schiavone’s equipment list contains no structural steel fabrication equipment.”

Feriozzi says that despite what the City may have been told, Schiavone did not and does not intend to self-perform. Schiavone possesses neither the qualifications nor the experience and equipment to perform the Structural Steel Work.

“It simply failed to name its subcontractor and tried to save the award in its favor once called out for that defect.” the lawsuit read.

The complaint calls for an injunction against the City entering into a contract with Schiavone, invalidating the contract award, and compelling the City to award the contract to Feriozzi, the lowest responsible and responsive bidder.

This means that while this lawsuit is underway, the project has to come to a complete halt. Construction should hopefully restart sometime in early November.

Also See: Wildwoods Construction Update – Oct 2023

The thing to note. This lawsuit only shows one side of the story. We attempted to reach out to Schiavone for comment but haven’t heard back from them at the time of this article. 

In summary:

The lawsuit between L. Feriozzi Concrete Company and the City of Wildwood, along with Fred M. Schiavone Construction, Inc., revolves around the City’s decision to award a significant construction project to Schiavone, despite concerns regarding their ability to self-perform the critical Structural Steelwork.

Feriozzi alleges that Schiavone’s bid was non-compliant with statutory requirements, and the City’s decision was arbitrary and unreasonable.

Below is the Wildwood Video Archive’s tour of the project site. Before you watch please consider subscribing to our Youtube channel.