Mokena School District Terminates Contract with Evans and Sons Blacktop Over Project Deficiencies

MOKENA, Ill. – The Mokena School District 159 Board of Education voted unanimously Wednesday to terminate its contract with Evans and Sons Blacktop for the playground and parking lot improvements project at Mokena Elementary and Intermediate Schools, citing breach of contract and significant performance issues.

The move comes as the new school year approaches, with district officials expressing a lack of confidence in the contractor’s ability to complete the project in a timely and acceptable manner.

In a letter dated July 16, 2025, addressed to Daniel Evans of Evans and Sons Blacktop, Chief School Business Official Dr. Teri Shaw stated the contractor was in “breach of its obligations to perform the work in an acceptable and timely manner.” The letter directed the West Chicago-based company to cease all work on the project immediately.

“You have received several communications from our architects regarding performance deficiencies and with the new school year rapidly approaching we have no confidence that you will be able to complete the Project on time and in accordance with the contract documents,” Shaw wrote.

According to an action memo presented to the board, the decision followed a July 10 meeting between district officials, including Buildings and Grounds Director Dave Rana, and representatives from the project architect, Dan Kritta, and the project’s bonding company, emc Insurance, represented by Frank Alampi.

The district has already filed a claim with the bonding company and is moving to hire replacement contractors to finish the job. As part of its leverage, the district has withheld $140,000 from its original contract with Evans and Son due to the incomplete and unsatisfactory work.

“If we incur any additional costs beyond the $140,000 the bonding company will pay the cost,” Shaw noted in the memo.

The termination, effective July 17, was recommended based on multiple breaches of the contract, specifically sections 14.2.1.2 through 14.2.1.5 and 14.2.1.8 of the A201-2017 contract document. The letter serves as the company’s seven-day notice of termination.

The district also plans to seek an emergency resolution to hire a new site contractor, which would bypass the standard 10-day bid notification requirement. This is being done to expedite the hiring process and ensure the project is finished with minimal further delay, particularly with student safety and school operations in mind. The district expressly reserved all rights to pursue reimbursement for any extra costs incurred due to the breach.

The playground and parking lot improvements are part of a series of summer projects intended to upgrade district facilities before students return in August.