Monday, October 27, 2014

Warren County loses appeal. Taxpayers likely on the hook for more attorney fees.

County taxpayers might question the wisdom of Warren County's refusal to pay a vendor $12,250 that remained due on a $300,000 contract to renovate a county building.  According to an October 27, 2014 Appellate Division decision, on-line here, the County refused to pay the bill because some of the carpet tiles that the renovation company installed did not properly adhere to the floor.

But, as the contractor successfully argued before Judge Amy C. O'Connor, the County failed to abide by New Jersey's Prompt Payment Act which required the County to either pay the bill or to give timely notice as to why payment was being withheld.  O'Connor found that the County provided neither payment nor notice and awarded the contractor the $12,250 balance due plus interest and $44,000 in attorney's fees.  Since the County's appeal of O'Connor's judgment was not successful, it is likely that County taxpayers will also have to pay the contractor's attorney fees for work done in the Appellate Division.

The County was represented in the appeal by Warren County Counsel Joseph J. Bell.