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Emmet, Contractor At Odds Over Work

BY JOHN MILLER
Published Wednesday, January 19, 2000 in the Nevada County Picayune

Emmet Mayor Dale Booker told council members at the regular monthly meeting about problems the city is having with its contractor who installed water lines.

According to Booker, the contractor claimed the job was done and left. The engineer, Christian Brothers of Texarkana, wouldn't accept the job, though, because all of the cleanup work hadn't been done. The engineer wouldn't pass the OK on to the city to consider accepting the job as being finished.

The city notified the customers asking if the job was unsatisfactory to let city officials know. A list of complaints was compiled an sent to the engineer.

The engineer, in turn, sent this list to the contractor, who returned to Emmet, worked three days, Booker said, and left.

The project engineer inspected the work and said nothing had changed and still wouldn't recommend signing off on the job.

The city received a letter from the contractor stating if payment was not made a suit would be filed against Emmet.

Meanwhile, Booker had sent the contractor a letter stating if work was not resumed on the project, the city would restart the time charges.

At this time, the contractor has dropped his suit and the city has not resumed the time charges, though the city retains this option.

Attorneys for both sides worked to arrange a meeting between the two parties. Booker said the city's complaints were duly lodged, and promptly ignored.

According to Booker, the contractor and job superintendent wouldn't respond to any questions they were asked.

Since the meeting, Glenn Vasser, Emmet's city attorney, has written the contractor's attorney to see if a compromise can be reached. However, Booker said, no response has been forthcoming.

Currently the situation is in limbo, though several ditches are blocked and a number of residential yards need to be repaired because of the work.

Booker said the city is holding more than $25,000 in liquidated damages and $52,000 in retainage.

"I've never encountered a contractor who performed work like this one did," he said. "The money seems to have no bearing."

Fortunately, the water system is operating properly and people have water.


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