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Mitchell County supervisors agree to seek legal review of courthouse cupola repairs
Summary
Supervisors discussed options to fix a long-running cupola defect and reached consensus to have county staff ask a construction-litigation attorney to review documentation; members debated whether to seek a contractors repair or pursue damages given potential statute-of-repose issues.
The Mitchell County Board of Supervisors agreed Tuesday to pursue legal review of a longstanding courthouse cupola repair dispute, after supervisors debated whether to compel repairs, seek damages or pursue a bid from alternate contractors.
The discussion centered on whether to ask the same contractor who performed the original work to fix outstanding defects or to consult an attorney about litigation or alternative remedies. A committee member said backup documentation and measurements from February 2022 indicate the cupola "wasn't built according to the spec and the drawings," and urged prompt action to prevent further interior damage.
Why it matters: Board members said the cupola leak threatens county property and could grow costlier with additional weather damage. They also noted that legal deadlines such as statutes of repose or limitation could constrain the countys options if it waits to act.
During the exchange, a supervisor outlined practical concerns about getting new contractors to bid on repair work if litigation is pending and questioned whether the architect might also share liability. The county attorney noted construction and engineering disputes often involve multiple parties and specialized warranty and design issues and warned the board to be mindful of timing tied to statutory limitations.
One participant summarized a practical step: "He charges $225 an hour," referring to an attorney the board has used before, and recommended starting with a short consult to scope options. The board agreed by consensus to have county staff (identified in the transcript as Aaron) send existing backup materials, photographs and email records to the attorney for review and to report back before taking a formal hiring vote.
What the board did: The board did not adopt a formal motion to hire outside counsel; instead members approved, by consensus, that staff should contact the attorney, provide the documentation, and return with a recommended course of action and any expected fees. A supervisor said the county will also attempt to obtain an independent local contractors estimate in the interim.
Next steps: County staff will forward existing documentation to the attorney and seek an initial assessment of options, likely including whether to demand repairs, pursue monetary damages, or both. The board indicated that any decision to retain counsel for extended litigation or pay for a contractor would return for a formal vote.
