Broken Arrow City Council
Meeting of: 08-15-2017
To: Mayor and Council Members
From: Legal Department
Title:
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Consideration, discussion, and possible approval of Resolution No. 1049, a Resolution Authorizing the City Attorney to Deposit $9,000.00 with the Wagoner County Court Clerk in the Matter of H&G Paving Contractors, Inc., vs Ballard TP Construction, LLC., in District Court in and for Wagoner County, State of Oklahoma Case No. CS-2017-465
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Background:
One June 26, 2017, H & G Paving Contractors, Inc., submitted a periodical estimate for partial payment to the City of Broken Arrow requesting payment of $37,052.08 for work done on the Leisure Park I Milling and Overlay Project, Contract Number ST1509A. On June 27, 2017, the City of Broken Arrow received notice from Ballard TP Construction, LLC., a sub-contractor of H & G Paving Contractors, Inc., for this project, Ballard TP Construction, LLC., advising the City of Broken Arrow that H&G Paving Contractors, Inc., had failed to pay Ballard TP Construction, LLC., $9,000.00 for work Ballard TP Construction, LLC., provided on the Leisure Park I Milling and Overlay Project Contract Number ST1509A. Notably, Ballard TP Construction, LLC; claim of $9,000.00 was part of the $37,052.08 that H&G Paving Contractors, Inc., had submitted a partial payment request for on June 26, 2017. H & G Paving Contractors, Inc denies owing Ballard TP Construction, LLC., this $9000.00.
In response to notice of dispute of the $9,000.00 between H&G Paving Contractors, Inc., and H&G Paving Contractors, Inc., the City of Broken Arrow invoked the provisions of Section 22.3 of the Leisure Park I Milling and Overlay contract with H&G Paving Contractors Inc. and suspended payment in the amount of $9,000.00 to H&G Paving Contractors, Inc. Section 22.3 provides as follows:
The City may suspend payments of any sum due for Work done on this Contract until such claims and/o...
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