July 28, 2025 -- Lackawanna County filed a lawsuit Thursday in the county Court of Common Pleas against the contractor that reconstructed the leak-plagued swimming pool at McDade Park.

The county, which is in the process of issuing a request for proposals to repair the pool, also confirmed that the pool will remain closed for the remainder of this year.

The suit against D&M Construction Unlimited, of Dalton, alleges that the contractor breached its contract with the county through “defective” work.

Lackawanna County awarded the $2,637,000 contract to D&M on Feb. 15, 2023. It called for construction of a new bathhouse and renovations to the pool, and for the project to be completed by July 4, 2023. The county and the contractor later agreed to extend the completion deadline to Aug. 11.

The suit states that “at the time D&M turned the pool over to Lackawanna County for use, the pool was leaking water” at the rate of 12 inches of lost water per day.

D&M undertook repairs in April 2024 that delayed the pool opening, the county said in its suit. After the 2024 season, an analysis determined that the issue had not been resolved. This year, continuing leaks precluded use of the pool. The suit also alleges that there are “ponding and drainage at the front of the new bathhouse” that were caused by defective work.

The suit contends that under the contract, regarding defective work, the county may effect repairs at the expense of the contractor.

In addition to the suit, the county also filed a writ of summons for Old Republic Surety Co., of Brookfield, Wisc., issuer of the construction bond for the project.

The suit was filed by attorney Matthew M. Haar of Saul Ewing, LLC, Harrisburg.