The city will give up a long legal fight and pay more than $313,000 to a construction company hired four years ago to work on the city's aquatic center.
"We're not doing this willingly or with any enthusiasm," Carson City Supervisor Shelly Aldean said after the board announced Thursday it will not appeal a jury's decision. "We have no choice."
Contractor American General Development sued the city after it terminated its contract in July 2000 and withheld $328,000 in payments for work already done.
City officials claim the job was laden with delays, difficulties, project changes and shoddy workmanship.
The therapy pool was too shallow and leaked, the pool slide was improperly constructed, and floor vents posed a hazard to barefoot swimmers, claimed Deputy District Attorney Mark Forsberg.
American General's president and owner John Sieben said in July his company was hindered several times from doing its job.
He said project designs were not finished when the contract was signed, and the contractor was unnecessarily forced to negotiate design problems.
After firing American General, the city hired local contractor Tom Metcalf to take over the project, paying Metcalf Builders more than $400,000 to complete the work.
A jury awarded AGD $281,356 in payments and $32,005 in interest in July.
American General's attorney Michael Hoy said the contractor felt vindicated by the decision.
The city board begrudgingly approved payment Thursday.
"This took us and the DA's office by surprise and we're astounded by the outcome," Aldean said. "Going to court is always a crap shoot."
Contact Robyn Moormeister at rmoormeister@nevadaappeal.com or 881-1215.
