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Donna ISD in June filed counterclaims against WIFIRUS LLC, the company that built and installed its Wi-Fi tower project three years ago before suing the district last year and alleging the district had breached contract and failed to pay over a million dollars related to the towers.
The counterclaims allege that WIFIRUS breached its contract with the district and owes it between $200,000 and $1 million.
Launched in August of 2020 as a way to address a significant number of Donna ISD students lacking internet connectivity for online pandemic learning, the district contracted with the Alton-based company to design and build 12 Wi-Fi communication towers.
The project received national attention, though construction delays became an issue almost from the get-go and criticism sometimes rose during district board meeting discussions about the towers.
WIFIRUS’s suit from 2022 defended the company’s performance and contended it was owed money for work performed.
Donna ISD did not comment on the suit at the time and an answer filed by the district in May of 2022 remains sealed.
An amended answer filed last month, however, denies WIFIRUS’ claims and levies some against the company.
In the court filing, the district alleges that the project finished over a year late and is subject to liquidated damages assessed at $750 per day following Oct. 31, 2020.
The filing claims that even after the towers were finished in December of 2021 they weren’t able to be utilized because of WIFIRUS withholding — and continuing to withhold — equipment purchased by the district as part of the project.
“The items were requested by the District on or about March 4, 2022 and to date have not been returned,” the suit reads. “Due to the improper withholding, the District has been unable to utilize the Towers and the Plaintiff has breached the agreement by failing to release the equipment purchased by the District to utilize the Towers.”
