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Surry County approves final detention‑center payout, reserves right to pursue liquidated damages

May 07, 2024 | Surry County, North Carolina


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Surry County approves final detention‑center payout, reserves right to pursue liquidated damages
Surry County commissioners voted unanimously to release the final payouts included in the contractor’s packet for the county’s new detention center while preserving the county’s right to pursue liquidated‑damages claims.

The board’s action followed a presentation from Mosby Architects and county staff outlining outstanding closeout items and a request from contractor HG Reynolds for release of retainage and a final change order. County staff told the board the packet included a final change‑order amount and retainage requests; staff also reported inspection findings by state inspectors that contributed to additional work and extended completion timelines.

Why it matters: the project is a multi‑million‑dollar capital buildout for the county and the board’s decision closes out most contractor payments while leaving a legal and accounting review open on potential damages tied to schedule slippage and inspection corrections.

What the board approved and why: commissioners debated three related pieces — the requested change order amount, the final retainage payment, and outstanding claimed liquidated damages. After questions from commissioners and comments from contractor representatives in the audience, the board agreed to approve payment of the amounts listed in the final packet and to withhold immediate payment on any disputed liquidated‑damages claims until county attorneys and staff complete a review. The motion passed by voice vote with the board noting it would “reserve the right” to review damage claims.

County and contractor statements: contractor representative Hank Reynolds was present to seek final payment; during the discussion county legal/administrative staff said the county needed time to reconcile the contract schedule, inspection items and third‑party reports. A county official summarized the board’s position as releasing the change order and retainage while maintaining the county’s ability to offset or pursue liquidated damages after further review.

Next steps: staff and the county attorney will complete their review of the contract documents and any damage calculations; the board said it will follow up with the contractor after that review.

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