Contractor readies to sue city for extras…

Oshkosh company set to sue for additional works at water treatment plant.

In the latest example of the demolition extras trend, Miron Construction Co. and the city of Oshkosh could be headed to civil court over the cost of a revision to a water treatment plant demolition contract.

In an Aug. 2 claim filed with the city, Miron’s attorneys said the city owes the company $340,318 for having to re-stabilize ground equipment, perform additional excavation and remove an underground, concrete retaining wall at the water treatment plant. Engineers and city staff did not discover the wall until September 2009, more than a year after Miron began work demolishing the old water tower and other structures at the city water treatment plant.

The city and the project engineer, CH2M Hill, have said Miron is only entitled to an additional $26,034 — the cost to remove the retaining wall.

In its claim, Miron said CH2M Hill instructed its crews to begin removing the retaining wall immediately, promising that cost adjustments would be dealt with later. CH2M Hill said it would recommend the city charge Miron for any project delays if Miron did not promptly proceed with work.

When Miron submitted a $340,318 bill that included the cost of ground stabilization and additional excavation on Dec. 16, CH2M rejected it and recommended the city only increase the payout by the amount it cost to remove the wall, $26,034. In its claim, Miron states it has tried to settle the dispute with the city in earnest since December, but said the city has refused to offer any more than the $26,034 CH2M recommended.

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