Timmonsville hit with another lawsuit
Wed, 11 Sep 2013 18:52:38 GMT —
North American Construction, known as Davis and Brown, has filed a lawsuit against the Town of Timmonsville for an outstanding balance for work the company performed for the town.
The lawsuit says Timmonsville owes Davis and Brown $76,821.
The company conducted testing services on the town's drinking water and wastewater treatment facility since 2006.
The suit says Davis and Brown stopped the testing in May after the town stopped making payments.
The company says its made repeated demands for payment and sent a letter via certified mail to the town notifying it of the outstanding balance.
Davis and Brown is seeking the balance its owed plus interest.
Timmonsville town attorney Eleazer Carter says Davis and Brown breached its contract with the town by not performing services.
Carter added that the company stopped providing water testing results to the town and therefore the town stopped paying them.
A court date has not been set.
Wilcox, Buyck and Williams Law Firm in Florence sued Timmonsville in July for unpaid legal fees from November 2006 until May 2013.
Willcox, Buyck and Williams represented the town for five years before its services were terminated last February.
The suit says the town owes the law firm $151, 221.99.
The law firm says it has tried to get the money several times, but Timmonsville has refused.
Last February, the law firm filed a judgement against the town.
The firm asked the court to order Timmonsville to make arrangements to pay roughly $120,000.
The U.S. Environmental Protection Agency and the SC Department of Health and Environmental Control has a proposed settlement agreement in a lawsuit the agencies filed against Timmonsville in June.
The proposed settlement will resolve Timmonsville's liability for violations of the Clean Water Act, South Carolina Pollution Control Act and South Carolina Safe Drinking Water Act.
On June 25, the citizens of Timmonsville approved a referendum measure authorizing the transfer of the systems to Florence. The proposed consent decree facilitates the transfer, and requires that Florence implement measures to bring the systems into compliance, the report says.
As a part of the proposed settlement, Florence has agreed under the Consent Decree to accept the transfer of the drinking water and sewer systems from Timmonsville and bring them into compliance with all applicable environmental regulations, according to the release.
The proposed consent decree is subject to a 30-day public comment period and final court approval before becoming effective.