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MORGANTOWN - It appears as if a project to upgrade the Krepps Park playing courts may land a local contractor in court.
In a lawsuit filed Sept. 16 in Monongalia County Circuit Court, Morgantown's Board of Recreation and Commissioners (BOPARC) claims negligence and a breach of contract on behalf of Parrotta Paving Company has resulted in damages to BOPARC.
According to the lawsuit:
On April 30, 2024, BOPARC and Parrotta entered into a contract for $182,722 through which the contractor would demolish BOPARC's old athletic courts at Krepps Park, replace the basketball court in its existing location, replace one dedicated tennis court and construct two dedicated pickleball courts.
Following completion of the work in June 2024, BOPARC and Ascent Consulting and Engineering – the firm that designed the improvements – advised Parrotta that there were issues both with the earthwork and landscaping as well as construction of the courts, including: multiple low spots outside of tolerance resulting in ponding, safety concerns where fencing sat too far off pavement, improperly installed court/net anchors, and uneven markings and crooked court lines.
BOPARC approved an $11,088 change order requested by Parrotta for additional asphalt needed to correct some of the deficiencies.
Subsequent to Parrotta's remediation efforts, BOPARC has received complaints regarding the courts and fence.
As a result of an April 24, 2026 walkthrough, Parrotta was sent a Notice of Defective Work and demand for cure from BOPARC Director Greg Travinski.
Travinski's notice detailed the following issues:
Improper installation of fencing systems, including alignment, spacing and integration with the court perimeter.
Premature failure of newly installed asphalt surfaces.
Widespread failure and separation of the perimeter asphalt installed to address the original improper installation.
Surface inconsistencies that compromise both performance and safety of the courts.
The letter further explained that, as a result of the deficient work, BOPARC would need to hire a new contractor to cure the identified problems and complete the project in full compliance with the original bid specifications and contract requirements.
It's BOPARC's belief that it will have to spend an additional $200,000 to repair the issues.
"As a direct and proximate result of Parrotta's breaches of duty, the athletic courts at Krepps Park are suffering from premature failure of newly installed asphalt surfaces; peeling of the acrylic surface of the courts, widespread failure and separation of the perimeter asphalt patch installed to address the original improper installation; and surface inconsistencies that compromise both performance and safety of the courts," the suit states.
BOPARC is suing for breach of contract and negligence and asking the court to award damages sufficient to fully compensate for the cost of repairing the project; the cost to repair and/or stabilize the courts; loss of use of the property; litigation costs and other relief deemed just and proper.