GOOD HOPE — The city of Good Hope’s plans for the construction of its multi-use community center/storm shelter will experience slight delays after the council approved to restart the bidding process after awarding the contract to United Contracting and Design, LLC in May.

The decision to nullify the city’s contract with United Contracting was made after city officials received a notice from attorneys representing Duncan and Dearmon Building Company — one of the project’s unsuccessful bidders — threatening legal action over what they said was an invalid bid from United Contracting. Specifically, Duncan and Dearmon is arguing that it should have been awarded the contract because United had failed to provide a bid bond at the time its proposal was submitted.

“By awarding the contract to United Contracting, the City is exposing itself to unnecessary legal liability, when Duncan and Dearmon, a proven and established construction firm, stand ready and able to complete the project for a very reasonable price. Under Public Works Law, contracts awarded in violation of the law can result in criminal penalties to the awarding entity and its agents, the recovery of funds illegally paid to the contractor, an injunction to stop the contract from being carried out, and compensatory damages for bid preparation costs. Although they would much rather get to work constructing an excellent community center for the city, Duncan and Dearmon is presently considering its legal options and will not hesitate to file suit under the Public Works Law to defend its rights,” the letter read.

Good Hope city planner Corey Harbison confirmed that a bid bond was not included with United Contracting’s original proposal. However, he said that the city had consulted with the Alabama Board of Contractors and was informed that as long as all of the requirements were met before the time bids were opened on May 7, the proposal would be considered valid.

With more than $100,000 difference in the two bid proposals, the city opted to quash its previous vote after consulting with the city’s attorney on Monday, June 10.

A new bidding process is expected to begin in the near future.

Patrick Camp may be reached by email at patrick.camp@cullmantimes.com or by phone at 256-734-2131 ext. 238.