DYERSVILLE, Iowa -- A local construction company has taken its story to the newspaper in an unconventional way.
Horsfield Construction Inc., bought a full-page advertisement in Wednesday's edition of the Dyersville Commercial, criticizing a Dyersville city official for comments made at a Sept. 8 City Council meeting.
Dyersville City Administrator Mick Michel told the council that Horsfield Construction has been "difficult" to work with during its dispute with the city, according to the ad.
The Epworth construction company filed a petition against the city in 2005 over the status of a $1.6 million First Avenue Downtown Streetscape Project. Horsfield requested the city pay a retainage fee of $90,000 and recognize the project as completed.
The city, instead, froze the final payment of $200,000 and claimed there were "punch list" items that needed to be finished.
A summary judgment on the dispute, released by Dubuque County District Court Judge Monica Ackley in 2007, stated the court found no factual dispute over the contract, basically ruling in favor of the city. Ackley's decision was upheld by the Iowa Court of Appeals and the Iowa Supreme Court.
Both sides are currently in arbitration to resolve the dispute.
Matt Horsfield, president of Horsfield Construction, called Michel's statement at the council meeting "misleading."
"It's not that we are being difficult," Horsfield said. "We are pursuing the only means available to resolve the suit with the city. The reason for the ad was to essentially set the record straight."
Michel declined comment, deferring questions to Cedar Rapids attorney Kevin Caster about any pending litigation.
Caster, who is representing the city, said the city cannot proceed with the project without the consent of IIW Engineers and Surveyors, of Dubuque, the city's engineering firm.
"The city representatives have to do what the engineers tell them to do," Caster said. "They can't make independent decisions."
The city of Dyersville also has sued Horsfield's bonding agent, United Fire and Casualty, over the disputed project.
The lawsuit is pending in State District Court until the conclusion of the parties' arbitration.
