|
|
| Saturday, July 31, 2010 |
|
|
|
|
|
Marketplace
|
|
Sections
|
|
Service Center
|
|
 |
|
County seeks judgement from circuit court
Published December 3, 2009
A hearing is scheduled for next week after county officials requested a judgement regarding the legality of paying a more than $100,000 difference between a bid and invoice recieved by the Jackson County Commission.
County attorney John Porter filed the initial complaint Monday with the Jackson County Circuit Court, asking the court to issue a declaratory judgement on the validity of a contract the commission entered with CTS Excavations, LLC.
The commission voted in August to approve a contact with CTS Excavations, LLC for cleanup and debris removal at the Jackson County Park—the first phase of a project to repair the park from damage sustained during an April windstorm.
In the initial filing, Porter wrote that, based on the low bid, the estimated price of the contract’s first phase would be less than $50,000.
“The bid specifications did not require that the bidder hold a General Contractor’s License since it was estimated to be less than $50,000,” the complaint states.
A representative from the Alabama Licensing Board for General Contractors confirmed to The Daily Sentinel Tuesday afternoon that neither GTS Excavations nor its owner Lamar Clark has a general contractor’s license.
The invoice dated Oct. 28, 2009 sent to the commission from CTS Excavations states the balance due is $160,980.98.
The filed complaint states the county is “ready, willing and able to pay the invoiced amounty for work actually performed if the contract is determined not to be illegal” by the Code of Alabama 1975, which requires certain contracts exceeding $50,000 be performed only by licensed general contractors.
The complaint asks the court for judgement as to not delay the project for which the county should receive funding from the Federal Emergency Management Agency.
It stated the plaintiff’s wishes for an immediate hearing on the matter, asking the court to asses the validity of the contract and to, if the contract is deemed enforceable, direct the county to pay the invoice balance.
The commission voted at its Nov. 23 regular meeting for Porter to file the request after apparently discussing the issue in executive session.
The hearing on the issue is set for Tuesday, Oct. 8 with Circuit Judge John Graham presiding.
Share |
Save |
Mail |
Print |
Comment
|
|
|
|
|
|
|
|
|
|