The most recent development in the lawsuit between Bradford Sanitary Authority and Bob Cummins Construction brings an offer to settle the nearly decade-long dispute.
Cummins has offered BSA and its ratepayers “a public settlement offer” regarding the lawsuit that is now 9 years long and counting, which Cummins wrote “needs to end before millions more are spent on this lawsuit.”
Provided with a copy of the paid advertisement that appears on page A-5 of today’s edition, BSA Executive Director Steve Disney said, “This matter is now on appeal again to the Commonwealth Court, so BSA is waiting for the appeal to conclude before providing further information.”
It’s been nine years since Bob Cummins Construction filed suit against Bradford Sanitary Authority over an unpaid bill.
Since then, there have been two jury trials in McKean County Court, numerous appeals and $3.5 million in attorneys’ fees for the BSA — that, as of now, have been paid by local ratepayers.
The lawsuit was filed in 2016. The dispute comes from a rehabilitation project at the wastewater treatment plant. From 2014-15, Cummins Construction was the general contractor for a portion of the rehab project. In December 2015, authority engineer Gannett Fleming certified the project to be substantially complete, with the exception of a few outstanding items.
Cummins said they did the work and were owed payment; Sanitary Authority said they withheld payment because the work wasn’t done according to the contract.
The local contractor, which has been in business nearly 50 years and employs local people, says this suit seems like a vendetta; they did their jobs and want to be paid. The BSA, the provider of wastewater services to more than 18,000 local residents, says the contractor didn’t follow the contract and should take responsibility for alleged defects.