Fraternity Resolves Fire Safety Suit

A $13,700 lawsuit -- and the construction problems that led to it -- were finally resolved over Spring Break, when the house passed a fire code inspection Friday.

Since the fall of 1999, Sigma Phi Epsilon has refused to pay for the installation of a fire protection system, claiming the system was not properly installed, according to court records.

In response, Grinnell Fire Protection Systems, the system's installer, filed a claim of lien in February 2000, which argued that the business was entitled to $13,700 worth of the Sigma Phi Epsilon property.

Because the fraternity continued to withhold funds, Grinnell filed suit in April 2000, demanding that the house be sold and $13,700 of the proceeds be given to the company.

Roy "Bud" Wilson, the general contractor for the fraternity, said Grinnell should not have gotten money for work they did not finish. Administrators and lawyers for Grinnell refused to comment.

Wilson said Grinnell cut an underground power line and refused to repair it, which led him to discover that both the sprinkler system and fire alarm system were installed improperly.

Chapel Hill Chief Fire Marshal Caprice Mellon acknowledged that the alarm systems were not installed until the first week of March 2002. But fire department inspection records from 1999 indicate that the system was deemed "functioning, accepted and approved."

Mellon acknowledged the 1999 inspection was flawed, and Wilson said he is angry because he thinks the mistake directly contributed to his inability to resolve the problem with Grinnell. "That mistake cost a lawsuit against my company, against my client and a lien on the property," Wilson said.

But fraternity members said the real issue is with the work done by Grinnell.

"I don't think that the fire department has in any way, shape or form had anything to do with our lawsuit," said Philip Dixon, president of Sigma Phi Epsilon. "The problem is that we paid this money -- a lot of money -- to do the job that they didn't do right in the first place."

Since a 1996 Phi Gamma Delta fraternity fire that claimed the lives of five UNC students, University fraternities and sororities have had to spend thousands of dollars installing sprinkler systems required by the Chapel Hill Town Council.

Wilson said he and Grinnell officials eventually met informally at the end of February to negotiate the final settlement out of court.

Wilson also said that despite the lengthy lawsuit, an agreement was reached in which the fraternity would pay a reduced cost for the system as long as the house passed inspection. "There was a handshake and an agreement," Wilson said of the meeting. "We're going to pay the final payment, which was substantially reduced from the $13,700 in the lawsuit." Wilson would not comment on the final settlement amount.

Fire Marshal Barry McLamb said a final inspection of the alarm system was completed Friday by Chief Marshal Mellon. Mellon was not available Monday for comment on the inspection.

Jay Anhorn, director of Greek Affairs, said the inspection brought good news. "All the problems (the fraternity was) having before were all resolved -- Grinnell fixed everything they needed to," he said.

Whereas there were only 63 sprinkler heads installed in 1999, there are now 75, said Wilson. "The work has been done -- finally," Wilson said. "Right now I'm very confident that the Sigma Phi Epsilon house is safe. The issue has been fire safety from day one."

The City Editor can be reached

at citydesk@unc.edu.