What started out as a run-of-the-mill project to build a water tank for Depoe Bay became a nearly half million dollar battle over a $76,000 difference of opinion over how much rock had to be removed to build it. The contractor, T Bailey Company, sued for the $76,000 and won. Depoe Bay filed an appeal which took so long, during the legal back and forth in court, that court costs and accruing interest ran the bill up to more than $400,000 because, in the end, Depoe Bay lost.
In their scramble to come up with some of the money to pay T Bailey, Depoe Bay filed suit against their consultant who was supposed to monitor T Bailey’s progress on the water tank. Late in the game, Depoe Bay claimed that the consultant miscalculated the amount of rock despite beforehand having supported their consultant’s position that the estimate was correct and notification to T Bailey was timely and within work contract provisions.
Recently Depoe Bay agreed to an out of court settlement with the consultant, and thereby dropped its lawsuit against them. Did Depoe Bay garner a big part of their legal debt to T Bailey from the consultant? It’s conceivable we could find out February 7th when the Depoe Bay City Council meets to sort it all out and whether Depoe Bay may finally get to move on with being a small city without a continental-sized financial cloud over its head much to the stress of everyone within the city limits. All from a disagreement over a pile of rocks.
All this information, some new, some old, is revealed in News Guard news reporter Patrick Alexander’s dogged pursuit of the story. Read slowly. Take a reflective pause or two while reading it, and you’ll probably be able to fill in the blanks. Click here.