Mark Taylor
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The Gardner City Council approved a $355,954 settlement Oct. 15 over a dispute with a construction company that worked on the recent Main Street and Moonlight Road improvements.
According to David Greene, public works director, Amino Brothers, general contractor, filed a delay claim with Kansas Department of Transportation over a KCPL duct bank that the contractor said was not adequately relocated.
Council members were advised to approve the settlement and avoid potentially more expensive litigation.
“It stinks, but litigation costs money and costs time,” Councilman Chris Morrow said.
The settlement was established by the KDOT claims review process.
The settlement will be paid for with funds from a KDOT revolving loan and county funds through the County Assistance Road System (CARS) program.
Councilman Larry Fotovich and Councilwoman Kristy Harrison voted against the settlement.
Fotovich said he believed the city needed to consult an attorney before taking action.
“We would be remiss,” he said.
Harrison said she believed the city had offered the contractor alternatives for the delays.
Councilman Heath Freeman said the settlement was a matter of “risk versus reward.”
“We are not in a financial position to lose that battle,” he said.
Mayor Dave Drovetta added, “We’re arguing practicality and principles.”