By Ryan Lewis
Correspondent
JASPER, Tenn. – Marion County commissioners may be starting from scratch in hiring a construction manager for a new technical training center in Kimball, Tenn.
Last month, commissioners unanimously voted to hire Steve Hudson of SKH Construction Enterprises as the project’s construction manager, but officials said problems quickly cropped up with the move.
“After the meeting took place, some questions arose about the notice that was provided to the public advertising the job,” county attorney Billy Gouger said. “I did a little research into it. Not enough time elapsed between the notice and when the bids were open.”
He said the error could expose the county to legal action by other interested parties, but some commissioners believe the oversight wasn’t important enough to go through the process again.
“I think we made the right decision last month,” Commissioner Thomas Thompson said. “Mr. Hudson has already done a considerable amount of work on this for nothing. As far as I’m concerned, we need to let sleeping dogs lie.”
Hudson said he expects compensation for the work he’s done on the project so far and will seek legal counsel in an effort to settle the matter.
County Mayor Howell Moss said the job had to be filled quickly last month, and the county’s rush to do it caused the mix-up.
“In order to have this ready to be voted on at the last commission meeting, we got all wrapped up in hurrying up and trying to get this thing moving,” he said. “There was a lot of notice out in the public, but the situation is we just didn’t give enough time.”
Gouger said the safest thing for commissioners to do would be to put out the notice again and send out requests for proposals to at least three qualified applicants, including Hudson.
State statute requires requesting at least three proposals from qualified general contractors, but the County Commission has the discretion to hire whomever it wants, officials said.
“I think, in all honesty, that receiving three new proposals would be the most fair to Mr. Hudson,” Commission Chairman Gene Hargis said. “Then this commission would still have the opportunity to make a decision on who they wanted (for the job) without bidding.”
Hargis said re-bidding the job wouldn’t be fair to Hudson because his price already had been made public.
Commissioners approved the proposal request suggestion by a 10-3 vote, which leaves Hudson’s contract in limbo.
“It’s a voidable contract,” Gouger said. “Proper procedures were not followed by the county.”
Ryan Lewis is based in Marion County. Contact him at ryanlewis34@gmail.com.
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