Kiel council withholds $14,000 invoice after contractor removal damaged building; seeks legal/insurance review

During routine bill approvals the Kiel Common Council voted to pay all bills except a disputed $14,000 invoice from Tom DeBruin related to repairs after a contractor removed a lean-to during work on the Keel Dam area.

Councilors said they had limited documentation and worried paying the invoice could imply the city accepted liability. "If we pay this and then he actually does get it fixed and he comes back and says it costs 24, not 14...we are kind of by just paying with a simple bill, we're probably admitting that we're responsible in some way," the chair said.

Staff explained the city had asked the contractor (referred to in the transcript as Michael's) to remove the lean-to to make the construction site safe, but that the removal was not covered by a written change order and that the structure ripped out bolts and damaged siding when it fell. "We chose that Michael's do that. It was not part of Michael's contract written in the contract so they helped us by removing it," staff said, adding there was only a "gentlemen's agreement" rather than a formal change order.

Council discussed options including submitting a claim to insurance and seeking legal counsel. The body voted to approve all other bills and to hold the $14,000 invoice for further review pending counsel or insurer guidance; the motion to exclude the $14,000 item carried 4-0.