Jefferson Parish Council Chairman Chris Roberts is giving the Performing Arts Center's builder until June 12 to reach a deal to finish the project or face a council vote toward putting the firm on default
Jefferson Parish Council Chairman Chris Roberts is giving the Jefferson Performing Arts Center's builder three weeks to reach a deal to finish the project or face a council vote toward putting the firm in default of the contract. Two other council members said they also would be ready to put J. Caldarera Construction in default if the firm is still delaying a deal when the council meets June 12.
The ultimatum comes a week after the council, for the second time this month, postponed a vote authorizing parish attorney Deborah Foshee to put Caldarera in default. Negotiators on both sides have said in recent weeks that they're close to an agreement, but no deal has been reached. Meanwhile, council members face continued public pressure to finish the arts center, which is more than $18 million over budget and four years late.
"I will not be deferring the default resolution again," Roberts wrote in a memo Tuesday. "Should an agreement not be in place by the next council meeting, I am proceeding with calling the bond."
Roberts sent the memo to Foshee and the rest of the council, among others. Foshee did not immediately respond to a message seeking comment Wednesday.
Caldarera's lawyer, Joel Chaisson, who is the St. Charles Parish district attorney, said Jefferson Parish "has no basis to put Caldarera on default." Chaisson said his client has complied with all his obligations under the project's contract, and that "the last details of the agreement will be worked out before the June 12 meeting."
Construction of the arts center, which began in 2007, was supposed to take two years and cost $26 million. Taxpayers have spent more than $44 million.
Caldarera and parish officials have been negotiating a deal to complete the job since last year. The tentative agreement would pay the contractor $9.8 million more for work already completed and for future work needed to finish the project. Caldarera in turn would agree to finish the project a year after the payment, though he has said that would take less time.
Based on assurances that a deal was imminent, the council on May 1 and again on May 15 postponed Roberts' resolution giving Foshee the green light to put Caldarera in default. The resolution, as proposed, would not directly start the default process, but would let Foshee move against the contractor without further council action.
Foshee last week asked the council to cancel Roberts resolution, saying that would help the negotiations. Roberts declined, saying cancelling it would take away some of the parish's leverage.
Roberts this week said he's tired of hearing both sides are close to a deal. "Please do not come to the council meeting and have anyone proclaim 'we are close,'" he wrote in his memo. "That promise has worn out its welcome."
Councilman Ben Zahn indicated he'd be ready to vote on Roberts' resolution if there's no deal by June 12.
"This council has done its best to accommodate and facilitate an equitable settlement within our authority," Zahn said in a statement. "Unless we are officially notified that a settlement has been reached and signed, I certainly will support moving forward with the chairman's recommendation."
Councilman Paul Johnston, whose district includes the arts center, said he'd support Roberts' move if the contractor is holding up a deal by June 12. But Johnston said he'd give negotiations more time if the holdup is not the contractor's fault.
The parish is seeking a state budget amendment in the Legislature to tap $6.7 million the state has already set aside to help complete the arts center. The legislative session ends June 6.
"If the delay is the parish still waiting on the state money, then I'd wait" before declaring the contractor in default, Johnston said. "But if it's Caldarera just trying to get us to jump through hoops again, then I'll vote. I'm tired of the contractor playing games with us."
Councilwoman Cynthia Lee-Sheng said she had not been briefed on the latest negotiations and could not say how she would vote June 12 if there's no deal. Councilmen Elton Lagasse, Ricky Templet and Mark Spears did not return messages seeking comment.
Parish officials had counted on the state money to finish the arts center. But the state so far has approved releasing only $2.9 million of the $6.7 million for payment. The state has said it will not pay for delay charges, which are fees charged by the contractor for keeping equipment and workers at the site longer than expected.
The state budget change the parish seeks would let Jefferson draw the rest of the state money as reimbursement for previous payments on the project. Budget bills, however, are among the last ones approved in the session.