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County withholds $187,000 pay request and readies liquidated-damages notice over incomplete HVAC work

Potter County Commissioners Court · August 25, 2025
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Summary

A county project manager said he is withholding a July pay request of $187,008.54 because HVAC and other punch-list work remain incomplete and recommended directing the county attorney to notify the contractor that $500/day liquidated damages would begin Aug. 21 if the work is not finished.

A county project manager reviewed a July pay request for the booking-room project and said the request had been certified at 100% even though HVAC work and close-out items remained unfinished. He said he would not approve the $187,008.54 pay request as submitted and recommended the commissioners direct the county attorney to send notice that liquidated damages of $500 per day would begin on August 21 unless the contractor corrects the deficiencies.

"So based off of this project, I'm currently withholding the $187,000 for the July pay request," the project manager said, outlining that earlier requests and contingency amounts left a remaining retainage and that the contractor had chosen not to revise the pay application despite requests. He noted quality-control issues with test-and-balance reports, HVAC completion, and missing architect signatures on revised pay requests.

The court discussed enforcement burdens and the mechanics of issuing liquidated-damages notices. The project manager asked that the county attorney be directed to send formal notice; the transcript ends with the recommendation and preparatory discussion but does not include a final directive recorded in the supplied segments.