By Reid Forgrave
The Cincinnati Enquirer

DELHI TOWNSHIP - Township officials have filed a breach-of-contract lawsuit to recover costs related to construction delays on the new fire headquarters, completed in the summer of 2003, a year later than planned.

But at least one contractor says he will countersue, blaming the lost time on the township's inability to replace a contractor who went out of business in mid-project.

The township wants to be reimbursed $120,000 by several construction companies and a bonding company for extra costs. But R.E. Schweitzer Construction Co. says the township owes at least $160,000.

Scioto Industries, the heating and air-conditioning contractor, suffered setbacks unrelated to the project in 2002, defaulted and turned the contract over to its bonding company, Capitol Indemnity, according to Township Administrator Joseph Morency. Scioto later went out of business.

Construction delays pushed the project into winter, forcing the township to pay for temporary heat and utilities as well as temporary housing for firefighters. The township says contractors refused to pay for the heat and utilities.

"The delays which led to these expenses were not the fault of the township, and we believe that Delhi taxpayers should not be stuck with the bill," said Al Duebber, president of the Delhi Township Board of Trustees.

But the project's main contractor said the township caused the delays because it didn't replace Scioto Industries after its workers stopped showing up.

"They won't even pay us our base bid, which is amazing," said Matt Mullaney, vice president of Schweitzer Construction. "I have my subcontractors calling every day asking where their money is. These are mostly mom-and-pop outfits, and they can't afford to have this money out. Delhi was in charge of these guys (Scioto). They needed to bring someone in."

The township's lawyer and trustees emphasized the costs should not be foisted upon citizens.

"The folks who caused the delay to occur ought to be responsible for this money charged to the taxpayers of Delhi," said Tom Kirkwood, an attorney for Thompson Hine, retained for the lawsuit. "We contend the bonding company and the contractor it hired fumbled the ball."

E-mail rforgrave@enquirer.com