Village talks of possibly suing ex-attorney

By Philip Sean Curran, Staff Writer

South Orange trustees have had private talks about possibly suing the town’s former attorney for malpractice for his work during the firehouse renovation, according to officials.

“It’s a discussion that we’ve had in closed session,” Trustee Howard Levison said in an interview Feb. 2. The public is not present at closed sessions.

Levison refused to delve into specifics regarding ex-Village Counsel Edwin R. Matthews, only that it is a “matter of discussion.”

Other trustees were not talking about the issue at all.

“No comment,” said Trustee Janine Bauer Feb. 1 when asked about it.

Matthews defended his work and felt officials were trying to “scapegoat” him. Matthews, a former South Orange trustee and a municipal court judge, was the town’s lawyer from 1994 to 2008.

Officials were not happy with the delays and the costs involved in renovating the historic firehouse on Sloan Street.
Snafus during the project led to lawsuits between the village and some of the contractors involved.

Problems sprung up in 2005 during the third and final phase, which consisted of interior renovations, a new heating, air conditioning and ventilation system, and other improvements.

Trustees asked for, and received, a report in July detailing the disputes surrounding the firehouse. 

The document, prepared by Matthew’s successor, current Village Counsel Steven C. Rother, laid some of the blame at the feet of the village.

“In hindsight, it is clear that several critical decisions made by the village were ill-advised,” he wrote at the time.

Rother noted the town failed to read construction contract documents “and to understand what was required of the village.”

Matthews disagreed with some of the findings of the Rother report and indicated it was not entirely accurate.

“I stand by the facts as they are stated in that report, and they speak for themselves loud and clear,” Rother said.

The town paid out $1.9 million to cover the legal, arbitration and settlement costs to end lawsuits that grew out of the project.

Firefighters finally moved back into the building in 2009 after seven years of living in rented trailers.

When Rother’s report came out last year, village officials talked of wanting to get to the bottom of the matter. At the time, Rother was to indicate which parties are accountable, and whether the town should seek damages.

Philip Sean Curran can be reached at 908-686-7700, ext. 116, or at newsrecord@thelocalsource.com.