Tar Creek settlement approved

Special board approves $366,282 settlement to two companies that did demolition and cleanup work at the EPA Superfund site. Work was halted when it was determined the trust overseeing the work made a technical Open Meeting Act violation.

BY MICHAEL MCNUTT Published: June 23, 2010
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The governor and legislative leaders approved a $366,282 settlement Tuesday that ends a lawsuit alleging the Tar Creek relocation trust failed to honor its contracts with two companies that performed demolition and cleanup work at the EPA Superfund site.

Vision Construction and Project Management Inc. and CWF Enterprises Inc. filed the lawsuit last month in Ottawa County District Court against the Lead-Impacted Communities Relocation Assistance Trust.

The companies sought a judgment of $366,282; they said they were not paid for work they performed on 37 properties.

The lawsuit claims Lloyd Stone received a contract in February to clean up or demolish 156 houses in the Tar Creek area. Stone's Backhoe, Dozer and Trucking Co. of Miami, OK, hired Vision Construction and CWF Enterprises to provide "various demolition and cleanup work for the trust,” according to the lawsuit.

Work was suspended in April when it was determined the trust violated the state Open Meeting Act by failing to vote during an open meeting to award the contract, said Assistant Attorney General Scott Boughton, who serves as legal adviser for the trust.

Work was halted
The trust told the companies last month that no more work could be done because the contract had been contested; the companies then filed a lawsuit to get paid for the work they had done.

The trust can approve payments up to $250,000, Boughton said.

Anything over that amount has to be sent to the Contingency Review Board, which is made up of Gov.



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