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Contractor To Sue City Over Hangar Delays

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By LAURA KINSLER

lkinsler@tampatrib.com

Published: January 16, 2009

ZEPHYRHILLS - The contractor who built 60 new hangars at the Zephyrhills Municipal Airport has filed a notice of intent to sue the city for losses he claims were caused by months of delays on the $2.8 million project.

David Carr, president of Carr Contracting Service, said the delays cost him close to $225,000. The letter from his attorney, construction law specialist Steve Marlowe, offers to settle the case for $160,500.

State law requires plaintiffs to provide six months' notice of a lawsuit against any government entity.

The T-hanger project began in January 2008 and was supposed to cost $2.7 million. The Florida Department of Transportation agreed to pay for 80 percent of the work, and the city paid the balance.

The project was complicated with delays and cost overruns while the city's fire marshal and airport director butted heads over the design. In March, the fire marshal stopped work on the project, saying the hangar design didn't meet state fire codes.

The city issued a $100,000 change order in mid-October.

"He waited seven months for the change order," Marlowe said. "Once it was issued, he finished the job in eight days."

A drainage problem on the site also stymied the project for months, Marlowe said.

In November, Carr filed a protest letter with his final bill. He said his company would have completed the hangars in July if not for the "personal issues" between the two department heads and problems with the engineering firm, LPA Group of Tampa.

The city rejected his request, saying the project was completed within the time allowed in the contract. Carr, however, said he used additional workers and equipment to complete the job on an accelerated schedule. Those workers could have been on other jobs if the hanger project had not stalled, he said.

City Manager Steve Spina said he was surprised and disappointed to read the claim. He thought Carr had dropped his protest.

"I think he'll have a hard time arguing that he lost money," Spina said. "He finished the job within the time allowed by the contract."
Marlowe said that just because the contract allowed 300 days to finish the job, that doesn't mean the contractor should be required to use all 300 days.

"He priced the job to complete it early," Marlowe said.

The city and LPA Group also pointed out Carr's contract included a clause that prohibits him from claiming damages because of delays.
Marlowe said the clause cannot be enforced if the city wasn't acting in good faith when it allowed the fire code and drainage issues to drag on for months.

City Attorney Joe Poblick said he expects to file a response in February, after meeting in closed session with city council.

Reporter Laura Kinsler can be reached at (813) 779-4617.

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