The contractor that renovated the Garner Police Department is trying to recoup money the town withheld in penalties after the work took longer than scheduled.
In a complaint filed Dec. 13 in Wake County Superior Court, Calvin Davenport Inc. is seeking to recover at least $69,000 from the town and ADW Architects. The contractor says the town is obligated to pay that money under the contract Garner signed.
In a response filed Feb. 16, Garner town attorney Bill Anderson argued that the court should dismiss CDI’s complaint.
On Wednesday, Anderson said the lawsuit revolves around $57,000 in liquidated damages the town withheld, at $500 per day, after the work ran 114 days past deadline. But the dispute began underground, with an AT&T cable, the town attorney said.
Shortly after work on the project began in August 2014, the contractor encountered an unexpected utility cable near the…