Comstock Development of Wahpeton, N.D., was awarded greater than $1.four million after a jury trial late final yr that stemmed from a contract dispute with the state.
In a quick filed Friday, Jan. 5, lawyer Peter Zuger stated the state has paid Comstock $337,204, the quantity the jury awarded for the state’s failure to pay the contract stability. However the state will not have the funds to pay the remaining till the 2019 legislative session, he stated.
“The state has not appropriated any funds for this lawsuit,” Zuger wrote. The State Historic Society retained $387,000 following development, he stated.
Zuger requested a state district courtroom Friday to order a “keep of any execution on the judgment.” He did not return a message looking for remark, however he has beforehand cited state coverage in declining to speak about an ongoing case.
Republican state Sen. Ray Holmberg, chairman of the Senate Appropriations Committee, stated whereas there could also be some grumbling about paying for a lawsuit, “the Legislature prior to now has paid its payments.”
Comstock, the overall contractor for the Heritage Middle’s current $fifty one.7 million enlargement, sued the state in 2016. It alleged that it was offered insufficient plans to help heavy limestone panels and that the State Historic Society improperly withheld cost. A jury agreed the state breached its contract.
Requested whether or not her company had determined to attraction, State Historic Society Director Claudia Berg stated an government session is deliberate for a board assembly Friday.
“It is nonetheless ongoing litigation,” she stated. “There’s all types of issues in dialogue.”
Aaron Dean, an lawyer for Comstock, stated he was perplexed by the state’s movement.
“I’ve by no means been in an place the place a defendant says, ‘We do not have to pay as a result of we do not have the cash.’ Often you get the examine and see whether or not they truly do have the cash,” he stated.