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Street battle leads to lawsuit
By ED QUIOCO, Times Staff Writer TARPON SPRINGS -- Two years ago, the project to replace underground pipes on Boyer Street generated complaints from residents about floods, mud, delays, noise and vermin. Now the troubled project has spurred a lawsuit between the contractor, Southwest Contracting Inc., and the city of Tarpon Springs. In the suit filed April 1 in Pinellas-Pasco Circuit Court, the Oldsmar company alleges that the city breached the contract, failed to pay money it owes the company and was late making some payments. Southwest Contracting contends in the suit that the city owes the company more than $321,000 plus interest. Southwest was forced to spend "unreasonable sums of money to attempt to resolve issues related to the performance of its obligations under the contract, to obtain change orders, and to obtain payment under the contract," according to the company's suit. Tarpon Springs officials said the city was dissatisfied with the company's work. City Attorney John Hubbard said there could be a countersuit filed by the city. "They are asking for money that in our opinion they have no right to," Hubbard said. Southwest Contracting entered into a $330,000 contract with the city in November 1999 to reconstruct Boyer Street from Banana Street to Pinellas Avenue. The contract called for replacing underground utilities, including water, sewer, stormwater and reclaimed water lines. The project engendered the ire of Boyer Street residents, who complained about work delays, standing water on the road, rats roaming the street and flooding so bad that cars were stuck and had to be towed. Among other things, a surveyor working as a subcontractor on the project made a 2-foot error in the alignment of a sewer line, which had to be taken out and reinstalled. At the time, Southwest Contracting officials said the company ran into problems with inaccurate plans from the city and slow response time from Tarpon Springs officials. Because of the additional problems, Southwest sought and received city approval for at least another $22,000 in expenditures. The city has paid Southwest about $350,000, said Judy Staley, the city's information and research specialist. But, she said, "the city is not satisfied with the means and methods of construction." -- Staff writer Katherine Gazella contributed to this report.
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From the Times North Pinellas desks |
