Archive for Thursday, May 7, 2009

Vanum suit still pending

May 7, 2009

Former Eudora City Administrator Cheryl Beatty said in January that the city’s lawsuit with Vanum Construction likely would be settled at the end of March.

However, Curt Tideman, the city’s attorney, said arbitration will not begin until June 23 and will last until June 26.

Vanum sued Eudora last October, alleging it is owed $120,845.18 by the city for work done on the Eudora Aquatic and Community Center in 2007.

Eudora filed a counter suit in December for damages related to the failure of the gymnasium floor.

The original completion date for the construction of the aquatic and community center, including the pool and gymnasium was set for Aug. 29, 2007. The pool was completed July 6, 2007, and the recreation center was completed Nov. 6, 2007.

However, the whole project wasn’t completed until Dec. 11, 2007.

Since the completion of work, the city has made calls to Vanum for various non-warranty repairs outside the original scope of the contract, as well.

The city has withheld $54,500 in liquidated damages — 109 days at $500 a day — because it claims the project was completed late.

Liquidated damages is the fixed sum two parties in a contractual agreement decide upon in the event that work done is not satisfactory.

The contract between the two parties states that the contractor will pay the owner liquidated damages if work isn’t completed within the time agreed upon, unless the contract time was changed by change orders.

Though Tideman said there were change orders, he said they didn’t delay the project.

Vanum said the city had been using at least 50 percent of the facility while the contract and additional work were ongoing. So, it cannot claim liquidated damages when it was partly using the facilities.

The city is paying for the lawsuit with funds that were set aside to finish the community center parking lot.

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