Editor's note: This article has been updated to correct the spelling of council members' names.

BRUSLY — The Town Council voted 4-1 on Jan. 12 to begin assessing $500-per-day liquidated damages against Spinks Construction for continued delays on the $3.7 million sewer lagoon improvement project.

The decision came after the council rejected a proposed time extension that would have given the contractor until February 9th to continue work without penalty. Council members Rusty Daigle, Sheri Young, and Blake Tassin voted against the extension, with Mike Chustz and Chris Kershaw in favor.

"His lack of attendance speaks volumes," Daigle said of the contractor's repeated absences from council meetings. "He has not demonstrated to me or to this town that he's willing to work with us."

The project, which began in June 2023, was originally scheduled for completion by the end of 2025. The penalties take effect January 13th and will continue until the project reaches substantial completion.

Town Engineer Toby Fruge noted that Spinks Construction is facing similar discussions with another municipality over a separate delayed project.

Mayor Scot Rhodes expressed concern about the decision's impact on project completion. "I want to complete a project. I don't want to get involved in litigation," he said, though he acknowledged the contractor had not made sufficient progress during previous extensions.

The council also reduced a pay application from $259,445 to approximately $246,800 after questioning $35,000 in change order costs. Daigle reviewed the contractor's submitted expenses and determined only $22,644 was supported by the approved change order scope.

"If he wants the difference, he's got to come back to us with better documentation," Rhodes said.

The sewer lagoon project has faced multiple setbacks, including a 2024 discovery that a bridge providing site access could only support half its rated weight capacity. That issue led to a $70,000 change order approved last summer after negotiations reduced it from nearly $94,000.

Fruge warned that implementing liquidated damages can affect work quality. "They get hurt. They don't care as much," he said. "They want to finish it up as quickly as possible because they want the $500 a day off the table."

The town retains a one-year warranty on all completed work and will continue engineering inspections throughout construction.

In other business, the council approved a two-foot side setback variance for Cody Acosta at 253 W. Main Street, requiring a one-hour firewall on the east side of the new structure. The council also passed a resolution for a $35,000 LGAP grant application that will fund drainage improvements in the Orleans Quarters area.