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Huntington going to court over defective playground

No activity at the closed playground at Heckscher Park (Newsday Photo)

BY DEBORAH S. MORRIS | deborah.morris@newsday.com

6:50 AM EDT, March 20, 2008

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The town of Huntington is set to sue the suppliers and contractors responsible for installing a defective playground at Heckscher Park.

According to Fran Evans, town spokeswoman, town attorney's have been authorized to pursue litigation against The Magnolia Group Corporation, Fairmont Archer Inc., and BCI Burke Company LLC. The playground was completed in May.

The playground and equipment were donated to the town by the Sheryl Steinberg Collins Foundation last spring.

But the surface of the playground began to buckle and fade almost immediately. Town workers repaired it a few times, but by late last summer it was beyond repair, Evans said.

Town engineers were called in and advised that the playground was unsafe and should be shuttered until it was fixed properly.

"We didn't want any kids there running around in an unsafe environment with the surface crumbling," Evans said. "There are all kinds of problems with it."

Allen Lustig, owner of the Magnolia Group Corp., the general contractor on the project, said the Sheryl Steinberg Collins Foundation still owes him money and the town should be suing it, too. He said the town technically can't sue because the playground was donated so they don't own it.

"You can't sue for something you don't own. And they still owe me money," Lustig said. "My bill hasn't been paid. They are suing the wrong person. It's the sub contractor."

Evans said the equipment, made by BCI Burke Company, is not defective, but was installed improperly.

"We manufacture the equipment then it is sold and installed by independent contractors," said Tim Ahern, owner of BCI Burke Company. "This issue is far removed from the actual playground equipment."

Evans said Corby Associates will now reinstall the old equipment.

Calls to Fairmont Archer Inc. were not returned.

A $200,000 contract has been awarded to a company called Safe Guard to remove the old surface and replace it with another.

Evans said the original installation did not cost the town anything.

"The project is going to begin as soon as possible," Evans said. "We have to get it done by the spring. We'll have it done as quickly as possible."