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Attorney says school system not paying
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The Warren County School System was served Thursday night, but not in a good way.
The attorney for one of the companies that built Morrison School claims his client hasn’t been paid.
“I’m serving the board a notice of non-payment,” said attorney Ryan J. Moore during the meeting of the Warren County Board of Education on Thursday night. Moore later served papers to school system attorney Robin Phillips. “It’s time my client got paid.”
Moore’s client, A.W. Styles Inc., maintains it has not yet been paid for steel erection services performed during construction of Morrison School last year. The company says it’s owed $59,000 for work on the project.
“The facility is fully functional yet a notice of completion has never been filed,” Moore said.
During the same meeting, Director of Schools Bobby Cox revealed the school system has been holding on to $210,236 in what’s called retainage. The school system has been withholding the amount from the contractor pending the completion of all the items in the building contract.
Cox said work still needs to be completed in the areas of grading, seeding and drainage. The new Morrison School opened on time in August and has been in use the entire school year.
Given the progress in completing the contract, the board, minutes before they were served the notice of non-payment by Moore, voted to turn over all but $100,000 to the contractor. Cox said the board will continue holding the retainage until members are satisfied all the contracted work is done. It is not known what part of the amount released to the general contractor will filter down to the subcontractors, which includes Moore’s client. Moore is also planning legal action against the contractor since he worries the money has not found its way to the subcontractors such as his client.
“Before the board releases anymore funds to the general contractor it needs to realize subcontractors have not been paid and need to demand adequate assurance from Biscan (the contractor) that such payments will be made immediately,” Moore said. “An assignment payment is one option.”