Reid to preside in civil lawsuit against the city

By Mike Odom
Staff Writer
Posted 2/26/10

FAIRHOPE, Ala. — A trial starts Monday morning in Bay Minette circuit court in a lawsuit brought by a company seeking more than $1 million from the city of Fairhope.

“It’s over the construction of the new runway at the Fairhope airport,” …

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Reid to preside in civil lawsuit against the city

Posted

FAIRHOPE, Ala. — A trial starts Monday morning in Bay Minette circuit court in a lawsuit brought by a company seeking more than $1 million from the city of Fairhope.

“It’s over the construction of the new runway at the Fairhope airport,” said Jaime Betbeze, an attorney with the Hand Arendall firm in Mobile, who is lead counsel for the city against the Irvington-based Esfeller Construction Co., the general contractor on the job. “Their claim is for additional compensation for what they say was additional work they had to do due to the weather conditions,” Betbeze said Thursday afternoon. “Of course, the city’s position is that the risk of adverse weather was under the contract and was a burden that the general contractor undertook. Therefore we have denied those claims.”

The city has already paid in excess of $ 2 million, which was the full contract amount for the project, he said, adding that the company was now seeking an additional $1.1 million.

“The runway was constructed beginning in late 2003,” Betbeze said. “It took approximately two years for the whole thing to be completed as a result of the adverse weather conditions that we experienced in 2004 and 2005. There were rain holdups, but once again, under the terms of the contract, that was their obligation (to bear that risk of adverse weather conditions).”

Esfeller Construction Co. is represented by Daphne attorney Lynn Perry, who did not return several phone calls for comment by press time.

Several expert witnesses are involved the case set for trial on March 1, Betbeze said.

“The case has not settled,” he said. “We were at a docket call this morning. Jury selection will begin at about 9 o’clock, and it’s expected to be a week-long trial.”

Circuit Court Judge James H. Reid will preside.