Trial Delayed Again in Sandpebble v. East Hampton Schools

A new judge has been assigned to the lawsuit between the East Hampton School District and Sandpebble Builders, causing a new delay in the trial.

According to Richard Burns, the district's superintendent, Justice Jerry Garguilo has been appointed to replace Justice Thomas F. Whelan. Mr. Burns said no reason was given for the change. Jury selection will now begin on Nov. 5, with a trial immediately to follow. May 4 was to have been the original date for jury selection.

"The district has no say as to the date of the trial," Mr. Burns said in an email on Friday. "The date is solely determined by the court. The district is at their mercy."

The lawsuit stems from a 2006 disagreement between the district and the builder. East Hampton entered into a construction contract with Sandpebble but later, after the project's scope was increased, it axed the contract and brought in a different builder. Sandpebble then sued the district for $3.75 million, saying the district had wrongfully terminated the contract.

By February of 2012, East Hampton's legal fees had escalated to about $2.3 million. On Friday, Mr. Burns said those fees have leveled off, with no recent increases. The newly approved 2015-16 school budget includes a decrease in the overall amount budgeted for all of the district's legal fees, from $398,000 down to $213,000.

The district switched legal representation in 2011, trading Morgan Lewis & Bockius of Philadelphia for Pinks Arbeit & Nemeth of Hauppauge.

Representatives of Sandpebble could not immediately be reached for comment Friday.