Illinois  |  Construction Law

Legal Question

Asked on: 10/31/12, 6:16 am

Our city completed a combined sewer project last year problems have arisen. Tonight at the council meeting they are voting on an ordinance approvinh settlement agreement with the contractor. Is an ordinance really needed since they had a signed contract to begin with. I am not a council member just a concerned taxpayer. Thank you Mike

1 Answer

Answered on: 10/31/12, 11:38 am by Stephen Messutta

Part of the answer depends on whether the original contract was a public process or done in closed session - ordinarily it is public but final contract negotiations are in closed session. The city may feel that because there could be homeowner complaints they do not want to settle the contract issues out in closed session but make it a public process. My assumption is that this is the advice that the city was given by its attorneys. As a public process people can voice their complaints, so in the end it is a conservative approach. Otherwise, without reviewing the way in which the contract was originally awarded, what monies may be owed or are being claimed by the city that should be withheld, and what the issues are, it is really speculative to say.

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