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Huntington council orders negotiation with contractor after sidewalk removed during Highway 31 work
Summary
Council members say a contractor pulled out sidewalk sections that were not in the original curb-and-gutter bid; the contractor invoiced the city for an extra roughly $6,300 and council directed staff to negotiate who pays labor versus materials.
Huntington City Council members on May 21 directed city staff to negotiate with a contractor after sidewalk was removed during a U.S. Highway 31 curb-and-gutter project and the company submitted an extra charge the council questioned.
Council members said the contractor removed sidewalk that had not been part of the written bid for the project. The council reviewed an invoice listing an additional charge of about $6,298.50 above the original contract. Council members said they would be willing to pay for concrete materials but not for the contractor’s labor to remove and replace sidewalk the council said was outside the bid.
The disagreement began when council members and city staff inspected work after the contractor started. “He put the bid in for it, so he knows exactly what he was bidding on, and that was only the curb and gutter — not the sidewalk,” a council speaker told the meeting. The same speaker later said, “$6,298.50. That’s what he charged us,” when reading the invoice amount presented to the council.
City staff and the contractor’s on-site representative both acknowledged the job evolved after the work began. One council member said the sidewalk was highly deteriorated and that the city benefited from a new sidewalk despite the billing dispute. Other council members said the contractor had “screwed up” by removing sidewalk outside the written scope, and that as a contractor he should assume responsibility for the labor cost.
Council members asked the mayor and city staff to meet with the contractor to clarify the paperwork, review the original bid and contract, and seek an agreement on allocating costs. The chair summarized the direction: negotiate with the contractor and bring a resolution back to the council.
The council did not vote on a payment at the May 21 meeting. Instead members reached a consensus to pursue negotiation and return with a recommended settlement or adjustment. The city manager and the council’s designated councilors were asked to meet the contractor and report back at a future meeting.
Background: Council minutes and contract documents presented at the meeting show the original curb-and-gutter bid and a subsequent invoice itemizing sidewalk work. Council members discussed linear-foot and per-block pricing cited in the contractor’s paperwork, and staff said the project had been bid months earlier and then started after winter conditions improved.
Next steps: The council asked staff and the mayor to attempt to resolve the disputed labor charge with the contractor and report back to the council. If the parties cannot agree, the council indicated it would consider further action at a future meeting.
