Saturday's Internet Edition, May 17, 2008.
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Just minutes after city officials left the mediation, City Manager Kelly Craver said, “There was a lot of discussion back and forth ... some progress was made.”
Craver wouldn’t discuss any details about the meeting in particular, but said further mediation will be tabled until after Feb. 15.
According to the lawsuit filed in Guilford County in July of 2007, Childers Concrete Co. alleges it was not paid for concrete it furnished for improvements at Finch Field. Other than the Hi-Toms and the city, also named in the lawsuit are, Hi-Toms President Gregory M. Suire, and General Contractor Leonard Allen Thomas — owner of L.A. Thomas Group. All of the parties involved were present, Craver said. Raleigh York Jr., Scott Styers and Ricky Murphy were present to serve on the city’s mediation board.
“There is a difference of opinions,” the city manager said. “I would like to have it resolved as best as possible. We had everybody talking. I think everything is as good as it can be.”
According to the lawsuit, High Point-based Childers Concrete is hoping to receive $14,314.47 from the city, Suire and the Hi-Toms jointly, and Thomas for a trebled amount of $42,943.71 with interest accrued, plus attorney’s fees. Childers Concrete also alleges that the Hi-Toms and Thomas were using deceptive trade practices.
Contracting the improvements on Finch Field with L.S. Thomas Group for no more than $280,000, the city began the project in February of 2006. The lawsuit said there were two separate projects at Finch Field: a restroom and concession area project, directed by Thomas, and a separate project to construct a wall in the first-base area of the field. The first-base-area project — according to an answer filed by the city to the lawsuit — was not part of the original construction contract and was negotiated by Suire, the Hi-Toms and Childers.
City Attorney Paul Mitchell told the Thomasville Times last week that Childers Concrete and the Hi-Toms arranged a “side deal.” In exchange for $3,000 of concrete, the Hi-Toms gave Childers Concrete a company night that included hot dogs and a promotional sign at the park.
Suire, on the behalf of the Hi-Toms, filed a statement in Guilford County on Sept. 7. Responding to the allegations, Suire said he did not order any more concrete after the “side deal.” A statement that was billed to the Hi-Toms for $3,000 was incorrect, Suire claims.
Thomas, who was at the mediation, did not file any answers to the allegations as of Friday.
If the lawsuit is not settled through mediation, the city attorney has expressed that it would be likely that a change of venue motion would be filed to transfer the case to Davidson County.
Staff Writer Darrick Ignasiak can be reached at 472-9500, ext. 231, or ignasiak@tvilletimes.com.