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DANCO brings $96k suit against Town


DANCO Inc. is suing the town of Farragut for more than $96,000 in relation to a dispute over work the company did at the athletic fields at McFee Park last year.

“It has to do with both the grading, [which] was not properly done and had to be redone, as well as the sprigging, [which] did not take hold,” Town Attorney Tom Hale said.

In late 2008, then-Town Administrator Dan Olson issued a deductive change order for the athletic fields at McFee Park, which he alleged had not been graded or sprigged with Bermuda grass correctly.

In its complaint, DANCO accuses the Town of breaching its contract, entered into July 28.


According to Hale, if the Town had not taken action, the fields would not have been ready for play when the park opened in early spring.

“It would have been O-K if they had sprigged it the way it was supposed to be sprigged and it grew in like it was supposed to, but it didn’t.

“We gave them instructions about what they needed to do to fix it, which included bringing the grade into the proper tolerance based on the spec[ifications] and going ahead and sodding it,” Hale said.

The sprigging was done incorrectly, Hale said, and too late in the growing season, not giving the tufts of grass enough time to effectively cover the entire field.

“We told them what they needed to do to repair it, they didn’t do it and so we basically took the job back over, finished it out the way it was supposed to be. We adjusted their final invoice to cover the cost of doing that and sent them a check for the difference,” Hale said.

That invoice was for $85,582.60; DANCO is suing the Town for $96,879.60.

The original contract for sprigging work at the Park, awarded to DANCO, was for $23,298.10.

Among other complaints, DANCO alleges the Town “set forth new specifications, which [were] contrary and inconsistent with the specifications set forth in the contract.

“The [Town] did not provide [DANCO] with a reasonable opportunity to address or remedy any contested or defective work as alleged by the [Town],” the complaint stated.

“There was a lot of correspondence generated at the time that they just ignored, basically,” Hale said.

“We gave them instructions about how to repair it, and then they ignored what we told them it was going to take to get it repaired and went about doing it their own way,” he added.

According to Hale, even DANCO’s “fix” to the sprigging problem was not up to specs.

Hale praised Town staff for staying on top of the situation and ensuring the park was ready for opening in spring.

“I feel like the staff was very vigilant in watching over the thing,” he said.

 

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