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City attorney: navigation-center contractor bankruptcy shouldn’t leave city owing money
Summary
City Attorney David Lightenberg told the council the city has paid all amounts owed under its contract with Fackler Construction for the navigation center and is seeking lien waivers and warranty affidavits as the contractor proceeds through bankruptcy.
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City Attorney David Lightenberg updated the McMinnville City Council on May 27 about the reported bankruptcy of Fackler Construction, the contractor for the city’s navigation center project.
Lightenberg said the city has "paid Fackler Construction every dollar owed under the contract at this point," and that, to his knowledge, there is no outstanding amount the city owes. He added the city is continuing to press for required documents from Fackler, including lien waivers and affidavits regarding warranties and insurance provisions, and that he does not yet know how those document requests will be resolved in the bankruptcy process. "From everything I understand about this contract and the situation, there should be no ongoing liability," Lightenberg said when asked about potential exposure.
The city attorney said some media reports were out-of-date by the time they were published and stressed that payment obligations under the contract have been satisfied. He said staff will continue to monitor the bankruptcy and will provide updates to the council as additional information becomes available.
This update followed earlier council discussion of the navigation-center contract closeout and the city’s efforts to obtain final affidavits and lien releases from the contractor.

