Karl Uterhardt, Tombstone Unified School District superintendent, said the district filed suit to force the contractor, Richard E. Lambert Ltd., to make good on promises to complete a "punch list" of problems that ranged from leaky windows and doors to non-working sinks to more serious, underground plumbing issues.

According to the complaint filed in Cochise County Superior Court Nov. 19, 2009, Lambert sued the district in April 2006 for failing to make payments for work he'd completed on the high school, which opened in August 2006. That complaint was dismissed a few months later when the district and the Arizona School Facilities Board agreed to pay Lambert $160,000 if he'd fix more than three dozen items on the punch list within 30 days.

Lambert got his money, but the district contends he failed to complete much of the work. Since that November 2006 settlement, the district says it has shelled out thousands of dollars in out-of-pocket expenses to fix items on the punch list.

The 2009 lawsuit claims Lambert is in breach of contract and the settlement agreement for not fixing the items and seeks $69,570 in damages from Lambert and Insurance Company of the West, his insurer. The 2006 settlement precludes Lambert and district officials from disparaging one another publicly, said David Fifer, the Cochise County attorney handling the lawsuit.

A public search of court case information on the Arizona Supreme Court's Web site indicates this isn't Lambert's first experience with the judicial system. He was listed as a defendant in two separate cases in Snowflake Justice Court in 2000, and in another in Graham County Superior Court in 2006. The Graham County court also shows him as a plaintiff in three cases in 2006-07. In addition, the Snowflake Justice Court twice found Lambert guilty of engaging in contracting without a license in 2001 and 2002.

Most recently, Lambert lost a decision before the Arizona Court of Appeals on Dec. 4, 2009, where he sought payment of more than $108,000 the city of Tucson had withheld for work it says he completed 319 days late on the city-owned Northwest Mansfield Park Neighborhood Center. The court said the city's director of procurement was entitled to withhold the payment and that Lambert should pay the city's attorney fees.

Uterhardt said the district's governing board awarded the contract to build Tombstone High School to Lambert after Lambert and other contractors submitted sealed bids for the job. Uterhardt, who didn't join the district until 2007, said he didn't know if Lambert's bid was the lowest, nor did he know the names of the other contractors submitting bids. He said the board relied on advice from the Arizona School Facilities Board, which approves new school construction, in selecting its contractor.

"When you deal with the School Facilities Board, you rely on them. They know more about these companies than we ever will because they deal with them all the time," said Uterhardt.

The district's governing board decided to file suit against Lambert after numerous items on the district's punch list "have been and continue to be ignored" by Lambert, according to the lawsuit. "The board decided enough was enough," said Uterhardt.

The district is represented in the suit by the Cochise County Attorney's Office in Bisbee. It's part of an agreement TUSD has that provides it with legal representation for all the schools in exchange for an annual retainer of approximately $5,000, said Fifer, the county attorney.

Lambert is represented in the case by the Tucson law firm of Durazzo & Eckel. In its Jan. 4 response to the TUSD lawsuit, Lambert, his insurer and his attorneys allege the contractor agreed to complete only certain punch list items within the 30-day timeframe of the original 2006 agreement. They asked for the case to be dismissed with prejudice and are seeking attorney fees and costs from the court.

Fifer said he'd like to see the case expedited through the system, but to do so a case must be presented and defended in one day, which he thinks is possible.

"It's a very simple issue. Did they, yes or no, agree to a punch list of items? And did they, yes or no, in fact, complete that punch list? And if they did not, what are the school's damages? I intend to do everything I can to expedite it."

Richard E. Lambert Ltd. is listed as a corporation in good standing with the Arizona Corporation Commission and the Arizona Registrar of Contractors, though its contractor's license is inactive.

The Registrar of Contractors lists Alex Paul Kimminau as a vice president with Richard E. Lambert Ltd. and a principal with Premier Construction Corp. in Vail. The ROC records also indicate Lambert is an employee with Premier.

Lambert, who was reached by phone Feb. 23, declined comment for this story.