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County, former contractor negotiating in federal court

T-R FILE PHOTO — Perfection, the contractor originally hired to restore the Marshall County Courthouse after the 2018 tornado, has taken the county to federal court. The company is claiming the county still owes $2.2 million for the completion of work, while Marshall County claims Perfection failed to adequately live up to its obligations.

A company that previously worked on the courthouse after the 2018 EF-3 tornado has filed a lawsuit in federal court against Marshall County.

Perfection Property Restoration of Illinois is seeking $2.2 million, plus more than $250,000 in additional fees, for work done on the Marshall County Courthouse restoration. After the 2018 tornado severely damaged the historic building, the county hired Perfection to bring the facility back to its former glory.

While the work was ongoing, numerous hurdles appeared, such as failing to meet deadlines, losing subcontractors who refused to work with Perfection and delaying the county government’s return to the courthouse. In 2023, five years after the tornado hit, county staff and the public were finally able to walk through the halls once more.

Supervisor Steve Salasek said the lawsuit is primarily a negotiation between the county and the original contractor. He said they terminated the contract with Perfection after it was discovered that the company had caused damages.

“They still thought we owed them even when they were fired because of the damage, and they are denying a lot of the damage,” he said. “That is basically what this is.”

Perfection’s court filing provides a history of the courthouse project. The county provided responses to various claims in the filing.

For example, Perfection claims all required work was performed and that the county approved it. In response to the claim, the county wrote that Perfection “failed to adequately perform the work required of it by the county and the contract.”

In June 2020, Perfection said the county wanted to negotiate to include a $3,000 per day liquidated damages clause, which they refused to sign. This led to a mutual agreement that Perfection would no longer work on the courthouse.

Perfection was let go in July of 2021, and Marshall County hired Breiholz Construction to finish the restoration job. In December 2022, Perfection sent the county an invoice of $3.5 million. Both parties entered negotiations, and it was agreed that Perfection would be paid $1.2 million in June of 2023.

In its filing, the county contends that Perfection is not entitled to any amount of judgment.

Perfection filed the lawsuit in the U.S. District Court for the Northern Division of Illinois Eastern Division in June. A telephone conference will be held between the two parties on Oct. 22.

Since the lawsuit is ongoing, county officials are not able to comment on many aspects, but Auditor Nan Benson said they are “pursuing an outcome that is in the best interest of the citizens of Marshall County.”

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Contact Lana Bradstream

at 641-753-6611 ext. 210 or

lbradstream@timesrepublican.com.

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