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Benchmark counsel warns unilateral termination could spawn lawsuit; county staff says prior efforts at remediation exhausted
Summary
Benchmark Construction’s attorney told commissioners the county should negotiate a remedial plan instead of pursuing a unilateral termination for cause; staff said the contractor previously asked to remove the item and county efforts to work with Benchmark were unsuccessful, prompting the termination to return to the agenda.
During public comment on agenda item 29, counsel for Benchmark Construction asked commissioners to reconsider an intended unilateral termination for cause. Ryan Charlson, describing Benchmark as “ready, willing, and able to continue with the project,” urged the board to develop a remedial plan rather than terminate the contract and warned termination would likely prompt protracted litigation that would cost taxpayers.
Charlson said Benchmark disputes some deficiencies in the termination notice and said the company had not been allowed back on the project to remedy work. Assistant County Manager Christian Swinson responded to commissioners that staff had attempted to work with Benchmark after a prior request to remove the item from an agenda and had been unsuccessful, which is why the item returned for board action.
