Saturday's Internet Edition, May 17, 2008.
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Mediation will take place at 10 a.m. at City Hall in Thomasville.
Childers Concrete, based out of High Point, alleges it was not paid for concrete it furnished for improvements at Finch Field, according to the lawsuit. The company is hoping to receive $14,314.47 from the City, Suire and Hi-Toms jointly, and Thomas for a trebled amount of $42,943.71 with interest accrued, plus attorneys’ fees.
While seeking that amount from the three defendants, Childers Concrete is making a claim against Suire and the Hi-Toms and Thomas for deceptive trade practices.
In February of 2006, the city embarked on the Finch Field project, which was contracted for no more than $280,000 in improvements.
There were two separate construction projects conducted 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 was not part of the original construction contract and was negotiated by Suire, the Hi-Toms and Childers, according to an answer to the lawsuit filed by the city on Sept. 27, 2007.
City Attorney Paul Mitchell said that Suire expressed willingness to pay for some improvements in the vicinity of other projects as a “side deal.” In return for the work, Mitchell said that Suire and the Hi-Toms granted Childers Concrete a night at the ballpark, serving hot dogs, as well as giving it a sign at the field its promote their business.
“We were not paying [Childers Concrete] directly and we were paying the contractor, L.A. Thomas, under the impression that L.A. Thomas was paying Childers,” Mitchell said. “There was also a side deal. It’s not like it was crooked.”
In response to the lawsuit, Suire filed a statement in Guilford County on Sept. 7 on behalf of the Hi-Toms.
“The Hi-Toms entered into a trade agreement with Childers Concrete for the amount of $3,000,” explained Suire, who then mentioned the trade for season tickets and advertisement. “This arrangement between the Hi-Toms and Childers Concrete was fulfilled upon completion of the right-field line footers in February of 2006.”
Suire said in the statement, after the $3,000 worth of work, he did not order any more concrete and the original account established with Childers Concrete was for the trade only. He claimed in the statement that a bill from Childers Concrete for $3,000, was incorrect.
“Mr. Suire or the Hi-Toms organization did not in any way mislead Mr. Thomas or the City of Thomasville regarding the ordering of concrete,” Suire continued. “As a point of reference, following the $3,000 trade agreement completion, the Hi-Toms Baseball Club was not the contractor for the Finch Field project nor did it receive any authority from the City of Thomasville to act on its behalf.”
The lawsuit alleges that when Childers was furnishing the additional concrete, it requested billing instructions from Suire. Around May of 2006, the lawsuit says, Suire instructed Childers to address its invoices to the city with a “ship to” address of Finch Field in care of Thomas. “Mr. Suire further instructed Childers to send the invoices to his attention,” the lawsuit states. “Childers complied with Mr. Suire’s instructions.”
Parks and Recreation Director Billy Freeman is cited by the city to have had discussions with Childers about concrete invoices.
According to the city, Childers stated he had spoken with Suire and Thomas and agreed that the city had no more liability with respect to invoices because he had no understanding with them. Nevertheless, the city is still listed in the lawsuit.
The city said in its response to the lawsuit that it “had no way of knowing that [Suire] was doing unauthorized actions if in fact he directed concrete to be purchased in the name of the City of Thomasville.” The city, however, said that Thomas had the authority to manage the construction.
Thomas, meanwhile, has not filed any documents in response to the allegations.
Mitchell is hoping the lawsuit will be settled Monday in mediation, but said if it is not settled it would be likely that a change of venue motion would be filed to transfer the case to Davidson County. Greensboro attorney William Conner, who is representing Childers Concrete, has expressed in the lawsuit that his client is demanding a trial by jury and is hoping the court will award the company additional and further relief as the court deems just and proper.
Conner did not wish to be commented in this story. An attempt to reach City Manager Kelly Craver Friday was unsuccessful.
Staff Writer Darrick Ignasiak can be reached at 472-9500, ext. 231, or ignasiak@tvilletimes.com