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Montgomery County legislators approve revote on Westwinds change order, add 60‑day legal‑recourse clause
Summary
At a special meeting, Montgomery County legislators approved Resolution No. 279 (a change order with Westwinds Contracting and an amendment to the 2025 operating budget) after adding language authorizing the county attorney to seek legal action if the contractor does not reimburse the county within 60 days of work completion. Sponsors were Legislators Kelly and Allen.
Chair Papp called a special meeting of the Montgomery County Legislature to revote Resolution No. 279 of 2025, which authorizes the county executive to execute a change order with Westwinds Contracting and amend the 2025 operating budget. The measure was sponsored by Legislators Kelly and Allen and had failed to pass at the November full board meeting due to insufficient attendance.
The central concern raised during the discussion was whether the contractor would reimburse the county for the work or whether the county should require funds up front. "They are in a hurry to get paid," Chair Papp said, describing counsel's inquiry that prompted the special meeting. Several members urged explicit language guaranteeing reimbursement, proposing escrow or contract terms that would allow the county to deduct repair costs from amounts it pays the contractor for transfer‑station services.
Lawmakers also confirmed the work stems from an accident that blew down a wall at the county transfer station; members said completing repairs promptly was important to keep the facility usable. During debate, one legislator proposed a written amendment that would authorize the Montgomery County attorney to pursue legal action to recover funds if the contractor failed to reimburse the county. That amendment added a 60‑day reimbursement window measured from "completion of work," language the committee accepted after clarification on timing.
The amendment was sponsored, seconded and approved by voice vote. The resolution as amended then passed by voice vote; the transcript records the motions as passed but does not include a numerical roll‑call tally. The agreed amendment directs the county attorney to pursue recovery if the contractor does not reimburse the county within 60 days of work completion.
The resolution now stands approved as amended and will be implemented by county staff consistent with the county's procurement and contracting procedures. The transcript does not record further operational steps or a precise dollar amount tied to the change order in open comments.
