City settles claim for $27K

Architects required to spend more time than expected on the Cottonwood Public Library expansion agreed to take less for work performed after the original deadline passed, according to a settlement agreement unanimously approved by Cottonwood City Council on Dec. 1.

City Attorney Steve Horton negotiated the settlement with LEA Architects after the firm submitted two change orders June 9 asking for $39,000 for its services. LEA was hired to design the 8,400-square-foot expansion and to serve as project manager. The project, scheduled to be completed in eight months, took 18 months and is still not fully complete, Horton said.

Flagstaff Design & Construction, the general contractor, claims it was unable to complete the project on time because rain interfered with proper construction of the roof and windows, Horton said.

“Because of various issues and delays encountered during the course of the project, the architects wound up spending considerably more time overseeing the project and administering the contract,” Horton told council.

The city paid David Garcia, a consulting architect, to review the change orders.

Garcia reported LEA deserved additional compensation.

After reviewing Garcia’s report and discussing the issue further with Horton, LEA agreed to take $27,000 in settlement of its claims

The city decided to withhold $41,000 of the contract price from Flagstaff Design because of the delays. The settlement with LAE will come out of this fund, Horton said. Despite efforts with Flagstaff Design, the contractor refused to participate in the settlement agreement, Horton said

Kyle Larson

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