Officials from the City of Hattiesburg have agreed to pay $12,101 for damage done to the parking lot of Pineview Presbyterian Church incurred during a construction project conducted on behalf of the city on Country Club Road, although the damage may or may not have been caused by the city’s contracted workers.
During the October 3 meeting of Hattiesburg City Council, council members approved the payment of that sum – which is approximately half of the cost of the damage – while the other half will be covered by R&J Construction of Laurel, which performed the work near the church at 1200 Country Club Road. According to a resolution issued by the city council, during the course of the work, representatives from the church contacted the city concerning alleged damage to the parking lot.
“The church claimed, basically, that the contractor did damage to the parking lot – it’s possible that happened, but we don’t really know, to tell you the truth,” said Randy Pope, who serves as attorney for the City of Hattiesburg. “I think there was some indication previously, from the city, that (the parking lot) would be repaved at the end of construction.
“But at any rate, it needs to be resurfaced and repaved, so the contractor has gotten a quote to do that and they’re going to take half the cost, and the city is going to take the other half.”
Although officials from R&J Construction disputed their equipment damaged the lot, they were willing to share in a resolution in resolution of the dispute with the church to avoid the expense and time involved in potential litigation.
“They’re going to take half the cost and the city is going to take the other half, basically,” Pope said. “By the time you went to court, defended it, all of that, the outcome is uncertain.
“And that’s why you do this as a ‘doubtful and disputed claim,’ because there’s no certainty one way or the other, but it’s certainly possible. If you went to a jury, they might decide that you owe the whole thing, so we’re going to contribute to that settlement.”
According to a Release from Liability document issued to council, church officials have released and forever discharged the city, as well as R&J Construction and their officers, employees and agents, from any actions, claims and demands for the damage. In addition, the payment of $12,101 is not to be construed as an admission on the part of the city or R&J Construction of any liability for damage to the parking lot.
“If you bring enough heavy equipment on a parking lot, or on the street for that manner, the potential for damaging that parking lot or that street is significant,” Pope said. “That’s why, for example, we’re not generally going to agree to maintain a street in a subdivision while there’s still significant construction going on.
“If we repave that, we’re just going to have to come back and do it again … because these big vehicles can damage any parking lot. For example, you’ve got the Hardy Street Baptist Church parking lot – there’s a lot of vehicles that are (not from there) that are being parked there. Basically, large construction vehicles – trucks, bulldozers, whatever – if they use the parking lot a good bit, or a road, (it can get damaged) on a surface that’s not really designed for big construction equipment.”
