Contractor sues Putnam school board, others for breach of contract

By Kyla Asbury | Sep 1, 2011

WINFIELD – Eagle Contractors is suing the Putnam County Board of Education for failing and refusing to pay for work performed.

Williamson Shriver Architects, Inc.; Terradon Corporation; and Triad Engineering, Inc., were also named as defendants in the suit.

Prior to September 2010, the Board solicited bids for site preparation work for a new Confidence Elementary School and Eagle Contractors was contracted by the Board to perform the project for $719,000, according to a complaint filed Aug. 24 in Putnam Circuit Court.

Eagle Contractors claims the Board contracted with the other defendants to provide design, oversight and contract, administration and evaluation, approval and recommendation or payment applications, including modifications or change orders with regard to the elementary school project.

During the course of performance of the site work, Eagle Contractors discovered that the project plans, specifications and contract documents failed to accurately describe the work to be performed, which resulted in increased costs, delays and disruptions to the plaintiff, according to the suit.

Eagle Contractors claims it would have to perform substantially more excavation work and was required to change its manner, means and methods of performed to perform the required work site and provided appropriate notice to each of the defendants and submitted the appropriate documentation and invoices for the work, but regardless, the defendants failed and refused to approve payment or to pay the contractor for the work performed.

The defendants failed and refused to pay for work performed; failed to provide Eagle Contractors with accurate and adequate plans, specifications and contract documents for the project; and failed and refused to consider, process and execute change orders, according to the suit.

Eagle Contractors is seeking compensatory damages with pre- and post-judgment interest. It is being represented by Charles M. Johnstone II and Jamie F. Little.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 11-C-236

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