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Blain files suit against Police Jury on road work; cites engineer
W.E. Blain & Sons, Inc. of Natchez, the contractor for Phase 1 hardsurfacing work in Concordia Parish, has filed a countersuit to one filed against the company by the Police Jury in June.
Blain also placed blame on the parish's engineering firm in its suit.
During its Phase 1 road improvement program, Blain hardsurfaced 25.2 miles of parish roads under a contract with the Jury. Blain was the low bidder for the work, which began June 12, 2006, and ended Aug. 2, 2007, when the Jury and Blain reached an impasse in a dispute over whether the work was up to specifications.
The contract price totaled $4,196,363.25 including change orders. The Jury had paid Blain $3,343,304.48 at the time the suit was filed.
Blain says in its suit filed Monday that it is entitled "to recover damages from Concordia Parish for its breach of contract in the amount of $578,898.43 for the base contract which remains due and owing and in the amount of $430,365.63 for additional work authorized and directed by Concordia Parish and its Engineer."
Blain is seeking to recover pre-judgment interest on the principal amounts due and owing and seeks the dismissal of the Jury's suit "at its costs" and "on the reconventional demand awarding damages...plus interest and costs."
The Jury claims Blain used "improper methods" in preparing the base course for the roads including improper thickness and slope of soil cement and lime base, failure to use machinery to properly calibrate the work and applying "too little water and applying water at incorrect times..."
The Jury also named Bryant Hammett & Associates in its suit.
Blain denies most of the allegations cited in the Jury suit, including one that its work was "defective, deficient or otherwise not in compliance with the contractor requirements."
Blain also says it will "affirmatively show that any damages incurred by Concordia Parish...were caused by the acts or omissions of the engineer and not Blain."
The contractor also claims that "Engineer Hammett was responsible for properly calculating and determining work days on the project," and denies that the engineering firm "properly performed this task and would affirmatively show that the engineer Hammett did not properly calculate and determine work days on the project."
Blain is represented by firm of Simon, Peragine, Smith & Redfearn, L.L.P. of New Orleans and Brunini, Grantham, Grower & Hewes of Jackson, Miss.
The Jury is represented by the Monroe law firm of Davenport, Files & Kelly L.L.P. |
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