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Northampton County board declares Krieger in breach, directs solicitor to issue 30‑day cure notice and withhold service fee
Summary
The Northampton County board voted to instruct its solicitor to notify contractor Krieger that it is in default of its contract, give the company a 30‑day opportunity to cure under contract section 26.2, and suspend this year’s service fee until the breach is cured.
Northampton County board members voted to declare contractor Krieger in breach of its contract and directed the county solicitor to send a written default notice and related paperwork giving the contractor 30 days to cure.
The motion, made during the board’s regular meeting, instructed the solicitor to document the county’s finding of default, cite the contract provisions at issue and begin the cure process. The board also voted to withhold the contractor’s annual service fee until the outstanding punch‑list and other required work are completed and the breach cured.
Board member Matthew Dirtinger moved the action; a second was recorded but not named in the transcript. The motion passed and the board confirmed that the solicitor will prepare the notice for delivery “this week,” after staff supply specific factual items to include, the solicitor said. The solicitor also told the board that under the contract’s Section 26.2 the contractor has a 30‑day window to cure once a default notice is delivered.
Why it matters: board members said punch‑list items tied to multiple bridge projects have remained unresolved for years, delaying final acceptance and the start of the developer’s maintenance obligations. At the meeting several members said the unresolved items have persisted despite extensions and additional payments previously agreed by the county.
What was discussed: board members and staff described long delays on the contractor’s projects, with outstanding punch lists on several bridges and repeated schedule slips. County staff said they have verified the outstanding items in the field and will feed details to the solicitor to include in the default letter. The solicitor explained the contract cure process and the legal steps the county may take if the contractor does not remedy the defaults within the cure period.
Next steps: the solicitor will send a written notice of default describing the grounds for the county’s finding, and the 30‑day cure period begins on the date the contractor receives that letter. If the contractor does not cure within the contract cure period, the board retained authority to take further steps under the contract, including withholding payments or pursuing other remedies.
Board members said they expect staff to provide the factual documentation for the letter promptly and to continue overseeing the outstanding punch list items until they are completed.
