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GILMER PSD FILES LAWSUIT AGAINST CONTRACTOR |
| (05/26/2006) |
| By Drew Moody For the Hur Herald The Gilmer County Public Service District (PSD) filed a lawsuit this week against two contractors involved in building a water line to the federal prison. Stonegate Construction, Inc., of Belpre, OH, and Dunn Engineers, Inc. of Charleston are accused of breach of contract, negligence and fraud. The PSD hired Dunn Engineers to plan, design and supervise construction of the water line. Stonegate Construction was low-bidder on the project. Brenda Lawson of the PSD said there were numerous problems with the line, and part of the equipment Dunn Engineers had installed was obsolete at the time of installation. Apparently 20 to 30 repairs have been made in the line thus far, including some sections being replaced. An unidentified spokesman for Stonegate Construction called the Hur Herald Friday afternoon and said they weren't aware the lawsuit was filed. "We haven't been up there for five years," the man said. Stonegate is referring the matter to its attorneys in Charleston. The PSD alleges Stonegate failed to perform duties agreed to in the contract, deviated from the plans and ultimately built a sub-standard pipeline. Dunn is accused of failing to perform numerous obligations including failure in the design and construction phases. The lawsuit claims Dunn failed in its supervisory obligations, as well as neglecting to inform the PSD the construction was substandard. The PSD is asking for unspecified damages including money to properly repair the water line now and in the future, as well as consequential and punitive damages, and attorneys fees. "I told them they were running this in a flood plain against their own regulations," local resident Jim James said. "They've got a problem there beyond belief. James has been following the progress of PSD projects closely since the late 1990s, and has often been critical of the Gilmer County Commission. Will Crichton, of Crichton & Crichton law firm in Parkersburg, is confident the PSD will win a judgment in court. "We're of the opinion the line has failed and the only remedy will be to build a new pipe," Crichton said Thursday. The Hur Herald also attempted to contact Dunn Engineers without success.
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