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The company responsible for building and installing Donna ISD’s $3.7 million Wi-Fi tower project sued the district in April for breach of contract, alleging it has yet to be paid over a million dollars related to the project.
The district launched the tower project in August 2020 as a remedy to a significant portion of its students lacking internet connectivity needed for online learning, contracting with Alton-based company WIFIRUS LLC to design and build 12 Wi-Fi communication towers.
The district’s administration billed the towers as a permanent solution to its students’ Wi-Fi woes, and the project received national attention.
Construction delays, however, dogged the project virtually from the outset — delays the district and WIFIRUS attributed to pandemic-related supply shortages and foundation headaches.
Those delays prompted pointed criticism from trustees on the district’s board by the end of that year. In February 2021, trustees even floated the idea of legal action if delays persisted. Then-WIFIRUS owner Gilberto De Los Santos defended the company’s performance and its competence during those often tense meetings. The company’s suit again defended its performance, saying delays were simply out of its control and the district should have accommodated them.
“Throughout the Project, Plaintiff encountered numerous unforeseeable delays beyond its control, including events related to the pandemic, the arctic freeze with attendant loss of power and several District errors and/or failures to comply with the Agreement,” it reads. “Despite being requested to do so, the District has unreasonably failed to extend the contract time, in violation of the Agreement.”
WIFIRUS is suing the district for over $1 million, including damages, court costs and attorney’s fees. “Plaintiff did in fact perform and provide substantial additional products and services as directed by the District, at significant out-of-pocket expense,” the suit reads.
De Los Santos said Wednesday that he sold WIFIRUS on the first of the year. He also said he felt the suit may be settled soon.
The district did not respond to a request for comment on the suit as of press time.
