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Township presses contractor to finish Station 83, withhold final payment until punch list fixed
Summary
Norwich Township approved partial payment to Triad Construction to allow work to continue at Station 83 but set firm deadlines after months of incomplete work and repeated punch-list items, prompting a public dispute between contractor and trustees.
The Norwich Township Board of Trustees voted this spring to authorize a partial payment to Triad Construction to resume work at Station 83 while the township held back retainage pending completion of remaining items.
The dispute unfolded during multiple meetings after contractor representatives complained that Triad had paid subcontractors from company funds while the township moved slowly on pay applications. H.L. Maher, president of Triad Construction, said his company had ‘‘paid a lot of money out of his own pocket to complete the job’’ and pressed for the release of pay application #15. The trustees responded that work remained incomplete and retained the right to withhold final payment until the job met the township’s satisfaction.
The trustees set a firm completion deadline and required that outstanding work — including concrete repairs, bay floors, window treatments and landscape items — be finished by a specified date. At a March meeting, Chairman Chuck Buck told Triad, "Get the job done and we will pay you, or go ahead and start mediation procedures," signaling the board’s willingness to pursue contractual remedies if the contractor did not finish outstanding items.
Earlier, the township attorney agreed to reduce construction retainage from 5 percent to 2 percent under conditions designed to preserve funds to finish remaining work. The board also authorized a $39,000 interim payment in late March to permit Triad to continue work on items the township considered high priority.
Trustees said the approach balanced their obligation to pay contractors for completed work with the need to protect the township from unfinished or defective construction. Triad has continued work while the township and architect monitor progress; trustees said they will not release final retainage until all contractual obligations are met.
The township also directed staff to document outstanding items and, where appropriate, to pursue the remedies available under the construction contract, including mediation, if the contractor failed to meet the agreed timeline.
