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Spring Hill road project overruns traced to utility delays; county staff considering legal action against Frontier
Summary
County engineer reported roughly $341,000 in nonparticipating change orders tied to Frontier's utility relocation delays on the Spring Hill reconstruction project and said staff plan to pursue restitution though they have been warned recovery may be unlikely.
Larry Robbins, Vigo County engineer and highway director, reported at the April 1 council meeting that the Spring Hill reconstruction project incurred multiple change orders tied to utility relocations, which he said were largely attributable to Frontier’s delays.
Robbins presented a timeline of the project’s letting history — three lettings between May 2020 and February 2022 — and said Frontier repeatedly missed relocation schedules that left the county contractor idle. He said total nonparticipating change order costs attributed to Frontier’s delays are about $341,000.
Robbins told councilors the project initially bid unsuccessfully twice and then was awarded after amended estimates; he said increased construction costs in the COVID-era bidding environment also raised the county's local match. Robbins said many change orders stemmed from utility coordination problems, and that Frontier repeatedly failed to complete relocations on schedule despite multiple notices.
Robbins said he had worked with the commissioners' attorney, Terry Modesitt, to assemble documentation and that the county would pursue litigation against Frontier for the change-order costs even though he had been told by others “it will not do any good.” Robbins told the council he believes taxpayers should not bear the cost of a utility company's unresponsiveness.
Councilors asked whether Frontier had been responsive to inquiries; Robbins said they had not. No legal filing was reported during the meeting; county staff indicated they would continue to pursue the matter and may seek reimbursement for the nonparticipating change orders. Robbins also noted the project remains important: he said Spring Hill had been the county’s highest-accident corridor and the reconstruction addressed safety issues.
No vote or formal legal action was recorded on April 1; councilors asked staff to continue pursuing documentation and next steps.
