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County countersues the builder of pipeline.


Byline: Winston Ross The Register-Guard

COQUILLE co·quille  
n.
A scallop-shaped dish or a scallop shell in which various seafood dishes are browned and served.



[French, from Latin conch
 - Coos County Coos County is the name of two counties in the United States:
  • Coos County, New Hampshire
  • Coos County, Oregon
 has countersued the builder of its natural gas pipeline for at least $8 million in damages, claiming that MasTec Inc. of Miami is in breach of contract.

The claim comes in response to a lawsuit MasTec filed against the county in February, seeking $10 million from the county for unpaid invoices and change orders.

In April, the two sides met to discuss a settlement, but MasTec asked for an additional $4 million to cover costs. Shortly afterward, the county terminated its contract with MasTec.

Meanwhile, the 60-mile pipeline from Roseburg to Coquille remains unfinished - despite its target completion date of December. The county now is looking for Looking for

In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with.
 a new contractor to finish the job.

The county's lawsuit, filed late Thursday, notes myriad problems since construction began last June on the taxpayer-funded project, including:

From last September to April, the U.S. Army Corps of Engineers issued several notices of noncompliance noncompliance

failure of the owner to follow instructions, particularly in administering medication as prescribed; a cause of a less than expected response to treatment.

noncompliance 
 and cease-and-desist orders to county and company officials, alleging that MasTec violated state and federal water quality rules.

There are now four lawsuits from private landowners against the county and the company, each alleging that MasTec damaged private property during construction.

The Sierra Club Sierra Club, national organization in the United States dedicated to the preservation and expansion of the world's parks, wildlife, and wilderness areas. Founded (1892) in California by a group led by the Scottish-American conservationist John Muir, the Sierra Club  also has sued the county and the company, seeking more than $4 million in fines for water quality violations.

In January, the Oregon Bureau of Labor and Industries The Oregon Bureau of Labor and Industries is an agency in the executive branch of the government of the U.S. state of Oregon. It is headed by the 'Commissioner of Labor and Industries]], a nonpartisan, statewide elective office. The term of office is four years.  notified the county and MasTec that the agency was investigating violations of the state's prevailing wage A prevailing wage is the median wage paid to workers in a specified locality. Scope
Prevailing wage may include both wages and benefits. It incompasses the compensation for a worker given for performed labor.
 laws and could seek penalties of up to $8.2 million.

Earlier this month, the county paid $5,000 to Barbara Buckingham, a Coos County resident who claimed her right-of-way agreement with the county was violated when MasTec workers came within 50 feet of the northwest corner of her property. She also alleged that the company trespassed on her property, damaged her spring and fence and killed six goats.

The county wants MasTec to agree that the contract frees the county from liability in the regulatory actions and various lawsuits.

In addition, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the county's lawsuit, "MasTec has repeatedly failed to follow the specifications in the contract, failed to conduct its construction activities in a workmanlike work·man·like  
adj.
Befitting a skilled artisan or craftsperson; skillfully done.


workmanlike
Adjective

skilfully done: a neat workmanlike job

Adj. 1.
 manner and according to industry standards and failed to follow directives given by Coos County to comply with all applicable laws governing the Coos County pipeline."

"We've alleged they have breached the contract and caused the county injury in excess of $8 million," said Jay Waldron, the county's attorney,

The county also wants MasTec to pay its attorney fees in this and other related lawsuits.

MasTec attorney Michael Nearing didn't return telephone calls for comment Friday, but he disputed the county's charges in an April 22 letter to Waldron and said MasTec isn't required under the contract to indemnify the county from lawsuits and regulatory actions caused by `(the county's) own negligence and breaches of contract."

Nearing said the county breached the contract when it stopped paying Mas-Tec in December.

Winston Ross can be reached at (541) 902-9030 or wross@guardnet.com.
COPYRIGHT 2004 The Register Guard
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Courts; Coos officials allege breach of contract and seek at least $8 million in damages
Publication:The Register-Guard (Eugene, OR)
Geographic Code:1USA
Date:May 8, 2004
Words:505
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