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Holland BPW Wins at Court of Appeals

March 15, 2006

From today’s Holland Sentinel:

Appeals court sides with city

A three-judge panel of the Michigan Court of Appeals recently upheld a previous decision awarding $42,202.59 to the city of Holland from Jen-Kel Construction Company, Inc.

Jen-Kel was awarded the bid to install water mains for two projects at 64th Street and M-40 and for the Blue Star Highway water improvements for the portion of Blue Star Highway within the city.

However, the contract called for the project’s completion by Nov. 30, 2000, which Jen-Kel failed to meet and failed to request a contract extension, according to the Michigan Court of Appeals decision released March 9.

An Ottawa County judge ordered that Jen-Kel pay the city damages for failing to fulfill the contract, which the appeals court panel upheld.

Jen-Kel in part argued that the city was not entitled to damages because the contract was impossible to perform within the time frame and that the city had voluntarily waived the contract restrictions.

However, the appeals court ruled there was no evidence the Ottawa County judge ruled inappropriately by concluding that Jen-Kel failed to live up to the contract as presented.

What’s really cool about this is that I was slightly involved… I had to write a statement to the City lawyer regarding the placement of a watermain. Now, I was lucky because, unlike my bosses and the field services inspector, I didn’t have to testify. But I am extremely glad that the City won the court battle.

Posted by paul at March 15, 2006 07:20 AM

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