Construction company says Macon broke a $2.2 million contract. What’s city’s response?
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Macon-Bibb County has denied that it breached a $2.2 million contract with a construction company hired to do work at the local airport after being sued by the company.
The original lawsuit was filed April 9 by Precision 2000 Inc., which had been hired by the city to extend the runway and do wall structure work at Middle Georgia Regional Airport. The company accused Macon of illegally withdrawing from the contract and failing to pay for costs incurred before the job was ultimately canceled.
Macon’s response, which was filed in court records last week, argues the government didn’t breach the contract with the construction company. Local officials also contend in court documents that Precision 2000 Inc. failed to satisfy the conditions of the contract and, in turn, can’t demand payment under the Georgia Prompt Payment Act, which requires payment to contractors within 15 days of the agreement.
Precision 2000’s lawsuit included documentation that showed how Macon canceled its contract with the company, notifying the company that there were conditions at the worksite discovered that complicated the project. Because of “lengthy and unreasonable delays” that would be incurred, Macon was pulling out of the deal, according to the lawsuit.
Precision 2000 alleged in its lawsuit that it lost more than $635,000 by doing work to prep for the job, and it wanted Macon to pay for that. This included four months of project management, four months of pay for a superintendent and a field engineer, survey and site analysis, safety management expenses, equipment preparation, estimate preparation, bonds and home office overhead, as well as the loss of expected profit which was included “as part of the resolution process.”
Carlos Sanchez, president of Precision 2000 Inc., claimed the conditions were brought to the county’s attention ahead of time, according to an email included in Precision 2000’s lawsuit. The lawsuit also alleged Macon officials didn’t address the company’s concerns, questions or requests for payment
In the lawsuit, the company suggested that Macon’s responses “strongly implied that both the designer and the county were fully aware of these changes and deliberately chose not to notify us.”
Macon-Bibb County argued in its response that all of its actions were justified, according to the county’s legal response to the lawsuit.
The county denied that the company sustained damages, but if it did, the county said it was because the company “failed to exercise its legal duty of ordinary care and diligence to lessen its damages as far as is practicable.”
The county said in its legal reply that any damages sustained were caused by a third party the county had no control over.
It also argued that Precision 2000 Inc. knew of the circumstances it complained about and “voluntarily and knowingly embarked upon its conduct” and assumed the risks.
The response from the county goes on to mention that the construction company’s complaint is “barred by mutual mistake” and the county never acted in bad faith, did anything that was stubbornly litigious or caused unnecessary trouble or expense toward Sanchez’s company.
Macon-Bibb County wants the courts to dismiss the lawsuit from Precision 2000 Inc. with all costs taxed against them. The county also wants to be awarded the cost of litigation and attorneys fees, a trial by jury and any other relief that the courts think is just.
This story was originally published June 20, 2024 at 12:16 PM.
