Contractor calls for arbitration in dispute with City of Cape over street project

A contractor wants a judge to dismiss a lawsuit filed against it by the City of Cape Girardeau and compel the city to participate in binding arbitration.

In the alternative, the contractor has countersued for a maximum amount of $1.5 million, according to court records.

City officials in February sued R.L. Persons Construction Co. of Poplar Bluff, Missouri. The suit seeks more than $596,000 in damages because the contractor did not complete a street construction project on time.

Officials said the street work was supposed to be completed by Nov. 13, 2016. The project was not substantially completed until July 13, 2017 � 122 days later than the final extension allowed, according to the suit.

City officials said the contractor breached the contract by failing to meet extended deadlines to complete Veterans Memorial Drive, from Scenic Drive to Hopper Road.

But in an answer and counterclaim filed in Cape Girardeau County Circuit Court earlier this month, Persons� attorney argued the city �was obligated to arrange for and coordinate the relocation of utilities within the defined work zone.�

Persons� attorney, Matthew Willis of Dyersburg, Tennessee, wrote the relocation of utilities was �necessary for the efficient performance of virtually all of the contract work.�

The city failed to properly coordinate the relocation of utilities, which �delayed, disrupted and extended� the project, Willis said.

According to the court filing, Persons �prosecuted the work diligently and as expediently as possible under the unforeseen circumstances.�

The city has �wrongfully� withheld final payment to the construction company, according to the counterclaim.

Willis said the construction contract called for binding arbitration and the court should require the city �to submit� to arbitration.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

Veterans Memorial Drive and Scenic Drive, Cape Girardeau, Mo.

Veterans Memorial Drive and Hopper Road, Cape Girardeau, Mo.