Copeland files against city, SCHC for paving job
From our weekly issue dated June 17, 2009
A dispute regarding asphalt paving work near Siskiyou Community Health Center (SCHC) in Cave Junction ultimately may be decided in court.
Grants Pass-based Copeland Sand & Gravel has filed a lawsuit for $31,311.40 in Josephine County Circuit Court against the city of Cave Junction and SCHC for “breach of contract and unjust enrichment.”
The lawsuit, filed by attorney Jim Dole, of the Grants Pass firm Cauble, Dole, Sorenson & Ransom, was dated May 29 and received by the court on June 5. Its first claim for relief is against the city, and alleges a breach of contract.
According to the suit, Copeland and the city “contracted for plaintiff to construct improvements including but not limited to a driveway from Redwood Highway to the Siskiyou Community Health Center.”
The driveway work was part of an infrastructure extension project funded by a $441,666 block grant through the Oregon Economic & Community Development Dept. That grant was withdrawn in early 2008 because of failures to comply with its requirements.
A claim of unjust enrichment is made against SCHC in the lawsuit.
Advertisement:
“Defendant Cave Junction may deny contractual liability for the construction of the driveway, and asserts that defendant Siskiyou is responsible for paying plaintiff for the improvement,” the lawsuit states.
The suit maintains that SCHC “received the value and benefit of the improvements” and would be “unjustly enriched if allowed to retain the benefit of same without compensating plaintiff.”
City Attorney Patrick Kelly said that a settlement proposal might be discussed during an executive (closed to the public) session during the city council’s Monday, June 22 meeting that will begin at 7 p.m. in city hall.
Advertisement:
