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Delay in construction prompts damages from county while contractor says it's not at fault

Delays in construction prompts damages from county while contractor says it's not at fault

"I've been waiting and waiting and waiting," said Anthony Criner about the construction at 132nd & Giles in Sarpy County.

For him, it's the quickest way to work, but that route is still blocked.

"So now it's just like everything is circling around, and when it gets really busy with rush hour traffic," said Criner. "It gets really crazy around here."

It closed for construction last July for improvements.

Three of the four legs of the intersection have opened since, but not this one.

"I have to go clear around up on to Harrison and back around, said Scott Haag. "It's becoming a pain."

According to the county, the project is months behind, and it plans to collect damages totaling $105,978.

TAB Construction sent FOX42 News an email. It said in part:

Contract is 75 working days not calendar days. Therefore, working days are not charged due to weather or delays out of our control such utility relocation. Nor does the contractor have any control of the utility companies' schedule or progress.

"There were utilities in the area that needed to be relocated," said Sarpy County communications director Megan Stubenhofer-Barrett.

Even still, the county says it's no excuse.

TAB says it has plans to re-open the area on Monday, May 14th.


Full email from TAB Construction:

The project has been monitored by the Engineers in charge and have the day count per specifications and we are not anywhere near 300 working days. Contract is 75 working days NOT calendar days. Therefore, working days are not charged due to weather or delays out of our control such Utility Relocations. Nor does the Contractor have ANY control of the Utility Companies schedule or progress. Thus there is no correlation between the 75 days and 300 days as they indicate.

Per the interview with the Sarpy County Engineer interview in March on channel six news, utility conflicts and relocations have been the deterrent to TAB Completing the work in a timely fashion. The work we did complete, once the facilities were out of the way, we over extended our man hours in order to get done what we could prior to winter months. Thus opening phase [3] * and phase 2 for the winter. Note: Due to the conflicts, the project ended up being built out of sequence. Phase [3] * and 2 was built prior to phase [1] * (due to opened 5/14/2018).

Our work began in July with Utility companies starting their relocations. It was not until November 2, 2017 the last utility was complete in 2017. In 2018 Black Hills Gas line was discovered April 10, 2018 and just finished relocating the gas line May 7, 2018. This is indicative of how this job went. TAB Construction is not sure why we are being called out by the Sarpy County Board without discussing the facts with the Engineers and Public Works Department.

All contractor’s do their best to complete work in order to make money and satisfy the contract documents. It is getting harder and harder with buried utilities which may or may not be on record for location.

Sorry I choose not to go on camera.

William Ringsdorf

Please note:
* correction sent in a follow-up email from TAB Construction

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