Ed Kirby, owner of Rainbow Painting, is considering taking legal action against the University as a result of having his contract terminated last spring.
Kirby had been hired by Facilities Management to paint part of Maury Hall, and his workers were using electric guns to remove paint from the facing of the building's roof.
Kirby partially attributed his company losing the job to the relationship between competitor John Sandalis, owner of Dalis Painting Inc., and L.T. "Spike" Weeks, contracts manager in Facilities Management.
Kirby gave The Cavalier Daily documents showing that Sandalis made a $300 Western Union payment to Sandalis and also sent him a $374.37 appliance, both in 1992.
Kirby said he thought Weeks wanted to replace Rainbow Painting with Dalis Painting from the start of the project.
"They were plotting against me the whole time I was up there," Kirby said.
Kirby also has said he thinks he was unfairly blamed for a fire that broke out in Maury Hall on April 11, 2002, about a week and a half after Kirby began the job. Shortly afterward Rainbow Painting was removed from the job and replaced by Dalis Painting who had been working at Cocke Hall at the time.
Kirby said he warned officials in Facilities Management about the fire hazard.
"I told them the day before the fire that there was dry rotted wood up there," Kirby said.
The Fire Department's report listed "sawn wood" as the cause of the fire.
Captain William Gentry of the Charlottesville Fire Department, who made the original report, also said the wood was the cause of the fire.
Kirby said he was blamed for the fire and subsequently had his contract terminated.
A log the University kept on the project, however, states that Facilities Management officials warned Kirby about a fire hazard a day before the fire, rather than the reverse.
The day of the fire, Director of Facilities Operations Chris Willis told The Cavalier Daily that cotton in the edges of wooden panels on the roof started the fire. Willis later said Weeks had provided him with that information.
The log reports University officials telling Kirby to remove rags from cracks of the corners of Maury Hall's ceiling the day before the fire.
Rags were found in the roofing, but they were not the cause of the fire, Gentry said.
"From what we could tell, I believe we found some old rags that were up there," Gentry said.
When asked recently about this cause of the fire, Weeks said the wood, not the rags, were to blame.
He said Rainbow Painting did not have their contract terminated as a result of the fire but for "the convenience of the University."
According to the log on the day of the fire, "Rainbow [was] asked to leave by Bill Martin," purchasing manager in the Facilities Management procurement division.
The log also said Kirby's workers laughed when they found out about the fire and that Kirby laughed when asked to leave by Martin.
Kirby and some of his workers say old logs were destroyed in front of them and that new logs were written in order to create the appearance that Kirby had been warned about the fire.
One of the officials "was always changing the log," said David Benson, one of Kirby's employees. "I've seen them rip pages out and start over."
Chief Facilities Officer Robert Dillman said Kirby should launch any complaint through Eric Denby, director of Procurement Services.
"If this gentleman has a complaint, there are channels for him to pursue it," Dillman said.
Kirby said he complained to Denby about the relationship between Weeks and Sandalis even prior to the fire.
Denby "said he did a thorough investigation but found no wrongdoing," Kirby said.
Denby did not answer repeated calls as of last night.
Carol Wood, University spokeswoman and director of news services, said the University has been notified of the matter.
"The University is aware of Mr. Kirby's allegations and the matter is undergoing investigation," Wood said. "We can't comment until the matter is resolved."
Kirby also said Dalis Painting should not have been eligible for contracts with the University because Sandalis was convicted of tax evasion in 2000.
Section 4 M of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors says, "conviction of any offenses indicating a lack of moral or business integrity" is cause for debarment.
Individuals or businesses that are debarred are not allowed to have contracts with Virginia universities.
Dillman said that if Dalis Painting had been debarred, he was unaware of it.
At the time Dalis Painting received the Maury Hall job, Sandalis was appealing his tax evasion conviction, though the conviction was eventually upheld.
Kirby said he will meet with a lawyer later this week to discuss his case against the University. He claims he has had trouble finding work since the University terminated his contract.
"They kind of gave me a bad name," Kirby said.
Read More
Graduating student leaders reflect on how they impacted the University community
By Jackie Bond and Brandon Kile | 3 hours agoAccording to Lilian Rojas, Board of Visitors student representative and fourth-year Batten student, the Class of 2024 is defined by its resilience.
D.C. baseball legend Ryan Zimmerman to deliver keynote Valedictory address
By Xander Tilock | YesterdayFamously nicknamed “Mr. National” for his many contributions to the Washington, D.C. franchise, Zimmerman is considered one of the most successful alumni in Virginia baseball history.
Administrators and faculty paint conflicting pictures of May 4 encampment clearing
By Cecilia Mould and Finn Trainer | 5 days agoThe details contested between the town halls included the clarity of the University’s tent policy and the presence of suspicious individuals at the encampment.
