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Construction company suing county over delay

D.A.B. Constructors Inc. says county missteps caused a costly 94-day delay for part of the CR 491 widening project.

By CATHERINE E. SHOICHET
Published January 26, 2006

INVERNESS - The primary road construction company involved in the widening of County Road 491 is suing the county for breach of contract.

In a complaint filed Monday, D.A.B. Constructors Inc. alleges that the county took too long to coordinate relocation of utilities, resulting in a 94-day delay for part of the CR 491 widening project.

The delay cost the Inglis company time and more than $15,000, according to the complaint.

County Attorney Robert "Butch" Battista said Wednesday afternoon that the county had not yet been served with the suit.

"I'm unaware of any controversy," he said. "I'm surprised we would be sued by them without them having raised some issue with county staff."

County Engineer Al McLaurin, who began working for the county in August, also said he had not heard about the suit.

He said he was not sure what portion of the CR 491 project the suit was referring to.

Tallahassee attorney F. Alan Cummings, who filed the suit Monday on behalf of D.A.B., could not be reached for comment.

In August 2003, the county and D.A.B. entered into a contract for the CR 491 project, which is described in the complaint as "County Road 491 Improvements Segment 2 and 3."

They agreed on a price of $11.7-million for the work.

On Nov. 5, 2003, D.A.B. told the county that the site was ready for utility relocation. Under the contract, that meant the county had 180 days to relocate utilities, or until May 3, 2004.

But utility relocation wasn't completed until Aug. 5, 2004, according to the complaint - 94 days late.

The complaint also alleges that the county failed "to provide a construction site fit for D.A.B. to perform its work."

The suit also names Progress Energy as a defendant. The utility company, according to the complaint, failed to "remove its utilities along County Road 491 that were unreasonably interfering with the improvement of County Road 491 after receiving notice of the same from the County."

A Progress Energy spokeswoman declined to comment, saying the company had not yet been served with the complaint.

D.A.B. is also working on the County Road 486 expansion project, Battista said.

In an interview with the Times Monday, director of Public Works Glenn McCracken said both the CR 491 and CR 486 widening projects were on schedule and nearing completion.

Work on CR 491 (between Pine Ridge Boulevard and CR 486) is scheduled to be completed in April. Circuit Judge Patricia Thomas has been assigned to the case, but no hearing had been scheduled Wednesday afternoon.

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.

[Last modified January 26, 2006, 01:01:17]