Commission approves $18,500 settlement to CB Construction in 3-2 vote after debate over winter concrete costs

Miami County commissioners voted 3-2 on March 19 to pay CB Construction Services $18,500 to settle a change-order claim tied to concrete winterization and supplier fees on a county building project.

County Administrator Shane Crowell outlined the timeline and circumstances that led to the claim. He said the contractor received a notice to proceed on Sept. 6 and that some site and building work was delayed while engineered plans and a supplier-manufactured building arrived. “What we didn't do in conjunction with ourselves and our architect was a deferred submittal of the building permit, which would have allowed them to have done more site work than what took place, from September 6 forward,” Crowell said. He described supplier winterization fees and additional measures the contractor took to protect curing concrete in cold weather, and he said the contractor had initially sought roughly $23,000, later reduced and negotiated to $18,500 in lieu of pursuing liquidated-damages claims of about $1,200 per day.

Supporters of the settlement emphasized the local nature of the firms involved and that the contractor agreed to reduce or remove profit and forego pursuit of general-conditions claims. "They're our friends and I think at the end of it, they acknowledged their error," one commissioner said in support of payment, noting substantial completed work and the practicalities of avoiding extended litigation and legal fees.

Opponents argued contractors bidding projects that span winter should account for such risks and that approval risks setting an unfavorable precedent. One commissioner said, "In my opinion, a company that bids these projects 50 or 60 a year knows that when they bid a project like this and it's gonna span through the wintertime...they should have added that in." The transcript does not record how individual commissioners voted; the meeting recorded a 3-2 outcome.

Motion language and vote: Commissioner Vaughn moved to approve the $18,500 payment to CB Construction Services; a second was recorded. The motion passed on a 3-2 roll-call.

Context and next steps: Crowell acknowledged administrative responsibility for some scheduling and permit sequencing and said staff documented the contractor's costs. He said the alternative to approving the change order was likely a legal claim by the contractor for higher damages. Commissioners requested no additional action beyond the settlement; staff will complete final contract closeout with CB Construction.

Why it matters: the vote resolves a contract dispute involving local contractors and raises questions among commissioners about contingency planning and how the county budgets and evaluates change orders on future projects.

What was not specified: the transcript did not list which commissioners voted in the majority or minority, nor did it provide the contractor's full claim documentation or the final change-order paperwork attached to the motion.