Court to decide allocation of port board’s payment
Published 12:00 am Wednesday, November 25, 2009
A $102,506.55 payment owed to the firm hired to replace the T-dock crane support structure at the Port of Vicksburg will be turned over to Warren County Circuit Court for a decision on how to allocate the money.
The payment was OK’d by Warren County supervisors as part of ongoing litigation between the Warren County Port Commission and Vicksburg-based Riverside Construction over how much is owed for removing a crumbling dock and replacing it at the Port of Vicksburg.
Riverside Construction has asked the court to increase its $3.4 million contract and its contract time be extended by 75 days to offset contractual damages withheld by the port commission when it paid for the 2007-08 project, now largely completed. The case is assigned to Circuit Judge M. James Chaney.
The retainage fees were due to close out all payments due to the company, District 5 Supervisor Richard George said, adding additional exposure to lawsuits from Riverside’s suppliers motivated turning the money over to the court. The action may also expedite a final settlement.
Another risk was losing a portion of $650,000 in rural development grant money from the U.S. Department of Agriculture still to be secured for the county bond fund. The suit has become the key obstacle in getting the last of the money, George said.
More than $1.4 million in grants from various state and federal agencies financed the replacement, along with $2.5 million in renewed port improvement bonds. The dock and other county-owned infrastructure at the port are operated by Kinder Morgan Terminals Inc.
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Contact Danny Barrett Jr. at dbarrett@vicksburgpost.com