MVSD Firm sues for final payment

The company is asking for payment, plus interest and attorney's fees.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
MINERAL RIDGE -- An architectural design firm hired more than a decade ago by Mahoning Valley Sanitary District is asking a court to force the district to make the final payment due for the work the firm performed.
Schmidt Associates Inc. of Cleveland filed the suit in Mahoning County Common Pleas Court last week asking for $330,000 plus interest, attorney fees and any other amount the court sees fit.
"It's pretty self-explanatory," said Atty. Joseph B. Jerome, the lawyer representing the consulting firm.
Officials from the MVSD could not be reached for comment, and Jerome said district officials have not yet filed a response to the suit through the courts.
Breach of contract
The suit accuses the MVSD of breach of contract, saying Schmidt Associates was hired in 1992 to perform design work for needed improvements to the filters, heating and air conditioning and other systems at the Salt Springs Road water treatment plant.
Schmidt Associates also accuses the MVSD of benefiting from the work performed by the company which it was not paid for, and also demands the final payment of $77,712.55, plus interest.
The suit says the scope of work was modified at least two times after 1992, before it was halted completely in 1997. At that time, then-Attorney General Betty Montgomery launched an investigation into the MVSD's operations and board of directors.
"We went through everything the attorney general asked us to and came back with a totally clean bill of health," Jerome said.
Advertising for proposals
Last year, when MVSD directors decided to proceed with needed repairs to the facility's filter system, they agreed to advertise for proposals from companies interested in either completing or redoing the design work initially performed by Schmidt Associates.
At the time, some directors expressed concerns about using any company that was included in the investigation by the attorney general's office.
CT Consultants Inc. was hired by the MVSD to complete the design work for the repairs needed on the filter system.
Jerome said Schmidt Associates turned over a massive amount of documentation about its work to date to MVSD officials, but have still not received payment, nor have they been in contact with any officials.
No luck
Jerome said he's made several attempts to contact MVSD representatives to simply sit down and discuss the matter, but he has had no luck.
"It's really a contractual issue at this point," he said.
MVSD has 28 days from the time it receives notice of the lawsuit to file a reply. The case has been assigned to Common Pleas Judge James C. Evans.
slshaulis@vindy.com