Salisbury settles lawsuit against engineering firm

Published 12:00 am Wednesday, December 2, 2009

By Mark Wineka
mwineka@salisburypost.com
Salisbury officials have agreed to an out-of-court settlement in which a Raleigh engineering firm will pay the city $225,000.
Peirson & Whitman Architects and Engineers and the city of Salisbury reached the settlement and release this week. Salisbury City Council approved the agreement Tuesday.
It represents a voluntary dismissal with prejudice to all claims the city had made against the engineering firm in a lawsuit filed last year.
Salisbury officials brought the suit after they were dissatisfied with engineering services Peirson & Whitman had provided on two utility projects รณ a Spencer pump station and the installation of an Actiflo system at the water treatment plant.
Meanwhile, Peirson & Whitman alleged it was owed additional sums by the city for work it had provided.
The city’s lawsuit followed an arbitration the city had gone through with the contractor for the projects, Seaside Construction of Moncks Corner, S.C. After the arbitration, Salisbury was still not satisfied with separate claims it had against the engineering firm and proceeded with a lawsuit.
City Manager David Treme said the settlement money of $225,000 will go back into the Salisbury-Rowan Utilities budget.
The settlement releases both parties from any and all claims and causes for action pertaining to these projects.
The law firm of Brooks, Pierce, McLendon, Humphrey & Leonard of Greensboro served as the city’s counsel.

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