Federal deadline pressure creates perfect storm for contractor change order disputes

BRUSLY — A weight-limited bridge is forcing the town to consider a $93,706 change order for its nearly completed sewer lagoon project, sparking heated debate among council members about contractor accountability and federal funding pressures.

The Spinks Construction change order stems from the discovery that a bridge providing access to the sewer lagoon work site can only handle half its stated weight capacity, forcing the use of smaller trucks and alternative equipment routes that significantly increase project costs.

Federal Money Creates Urgency

The change order request comes as Water Sector, the regional authority overseeing the project, faces a December 2026 federal deadline to complete work or risk having to return millions in federal infrastructure funding. Water Sector has indicated it may cover 70% of the additional costs, leaving Brusly responsible for approximately $30,000.

"Water Sector people were looking at money. Yeah, they were dingy with it in the beginning. Now, they're running into a hard deadline. They don't spend this extra money, they have to get back to the state," Mayor Scot Rhodes explained during Monday's council meeting.

The sudden availability of funding raised eyebrows among council members, who noted Water Sector had previously claimed no additional money was available.

"They told us they weren't going to have any other changes. Right. Now, they have money all of a sudden?" one council member questioned.

Timeline Questions Spark Controversy

Council members expressed frustration that Spinks Construction waited more than a year to submit the change order, well beyond the required 30-day notification period following discovery of the bridge problem in February 2024.

"There's a time frame for him to file that change order. He certainly exceeded that significantly," one council member noted, citing regulatory statutes requiring change orders within 30 days of discovering unforeseen conditions.

The contractor attended a pre-construction meeting in February 2024 where the bridge limitations were discussed, but didn't formally request the change order until July 2025.

Broader Bidding Concerns

The controversy highlighted ongoing concerns about the public bidding process that requires awarding contracts to the lowest bidder regardless of track record or past performance.

The situation reflects a common pattern in municipal contracting where low bidders later seek change orders to cover costs not included in their original bids, while more experienced contractors who bid realistic prices are excluded from consideration.

Legal requirements prevent municipalities from selecting higher-quality contractors who don't submit the lowest bid, even when officials suspect the low bidder may struggle to complete work within the original budget.

Court vs. Compromise

Council members debated whether to pursue legal action for liquidated damages against the contractor or approve the change order to ensure project completion.

"My big issue with liquidated damages, how long is it going to take? Are we going to have a finished product? And is it going to cost us more to go to court?" asked one member.

Legal action could cost "a multiple of at least two, if not maybe three times the $25,000" the town would pay under the proposed change order, according to estimates discussed during the meeting.

Project Nearing Completion

Despite the access problems, significant progress has been made on the sewer lagoon improvements. Nearly all aerators are now operational, new cover panels have been installed to replace damaged ones, and most infrastructure work is complete.

The council approved contractor payments of $76,877 for completed work and is scheduled to vote on the change order at Monday night's council meeting following their negotiation session with the contractor.

What's Next

The council will vote Monday night on whether to approve the change order, contingent on Water Sector funding approval. The decision comes as the town weighs the costs of legal action against the contractor versus ensuring project completion before the federal deadline.

The December 2026 deadline adds urgency to the decision, as any delays could jeopardize not just this project but the broader regional water infrastructure improvements funded by federal dollars.

Other Business

New Work Management System Approved

The council approved a $7,100 annual contract with iWorks for a new work order management system to replace the outdated Microsoft Access database currently used for tracking public works requests and business licenses.

Public Works Director Shane Sarradet said the new system will provide better documentation of work orders from start to completion and help resolve ongoing business license management problems.

Tournament Approvals Rushed

Three tournaments scheduled for Alexander Park required emergency approval, with some already underway before formal council authorization. The Gill Foundation (August 19), Carly Jo Foundation (July 18-19), and Brusly High School alumni tournaments will be formally ratified at Monday's meeting.

Derelict Property Enforcement Continues

The town continues enforcement actions against several derelict properties throughout the community, with some property owners failing to respond to certified letters regarding code violations.

Infrastructure Updates

Public works completed major sewer line repairs on West St. Francis Street, installed LED lighting at lift stations, and benefited from parish installation of larger culverts to improve drainage throughout town. The parish improvements are expected to help address flooding issues in residential areas.

Waste Pro will conduct roadside debris pickup the week of July 14th for items too large for regular collection.