NOW:53146:USA01489
http://widgets.journalinteractive.com/cache/JIResponseCacher.ashx?duration=5&url=http%3A%2F%2Fdata.wp.myweather.net%2FeWxII%2F%3Fdata%3D*USA01489
H 7° L -2°
Clear | 16MPH

Snowplowing dispute continues; Town of Waukesha looks at new contract

Judge allows questioning to continue over payment of old bills

Oct. 5, 2011

Waukesha - With a court dispute over a contractor's snow removal services for the Town of Waukesha last winter moving ahead at a seemingly glacial pace, the Town Board is set to hire a new snowplowing contractor at a special meeting Thursday even as the fight continues over whether its existing contract is valid.

Waukesha County Circuit Judge J. Mac Davis settled some preliminary questions in the case Wednesday - including denial of a request that contractor Eric S. Jacobson Grading Co. be paid $176,000 in funds already set aside by the Town Board toward the $355,477 that he says he's still owed for last winter's services.

Attorney Doug Hoffer of the town's law firm, de la Mora & de la Mora, objected to the payment, saying it was only intended as full settlement of the disputed bill. Jacobson's attorney Dean Richards argued unsuccessfully that the amount could be paid while the parties argued before a jury how much more was owed.

Davis said too many facts were in dispute and the arguments too "murky" for him to release the funds, which the town has deposited with the clerk of courts.

Davis allowed the town's attorney three months to question up to 14 of the firm's subcontracted snowplow drivers. Davis granted additional time, but only after criticizing the attorney's subpoena seeking 56 types of information from one subcontractor, Jacobson's brother, as overly broad and burdensome.

"The subpoena looks like a fishing expedition," Davis said. He also said the numerous proposed subpoenas of other drivers raised concerns about the power of government to harass and intimidate private parties.

Rescheduling the final pretrial hearing from December to early spring, Davis quipped, "We'll plow through it."

Jacobson has provided snowplowing services to the town since 1984, but a new contract was required Nov. 1. One giving Jacobson "full control" of plowing activities, unlike the prior contract, was signed shortly before a new Town Board took charge, the result of a recall election that ousted the old majority.

The new Town Board later adopted new procedures that it said Jacobson ignored. As a result, town attorney Hector de la Mora claimed Jacobson breached the contract and the town did not pay him for his services last winter.

Richards, Jacobson's attorney, filed a counterclaim, seeking payment of the full bill plus interest and fees.

Richards said in an interview Wednesday that even though Jacobson has two more years on his contract, he won't provide plowing services for the upcoming winter.

"If they don't pay, we don't have to work," he said.

After notifying the Town Board of that fact, Town Chairman Angie Van Scyoc said the board sought proposals from other contractors. Five proposals were submitted and the board interviewed two contractors Wednesday.

A special Town Board meeting has been scheduled for 6:30 p.m. Thursday to award a 2011-'12 snow removal and ice control contract.

Richards said Jacobson will try to find alternate work this winter. However, the possibility of a claim against the town exists if he loses income since he has two years remaining on his contract, Richards said.

This site uses Facebook comments to make it easier for you to contribute. If you see a comment you would like to flag for spam or abuse, click the "x" in the upper right of it. By posting, you agree to our Terms of Use.

Suburban News Roundup

E-mail Newsletter

Your link to the biggest stories in the suburbs delivered Thursday mornings.


Enter your e-mail address above and click "Sign Up Now!" to begin receiving your e-mail newsletter
Get the Newsletter!

Login or Register to manage all your newsletter preferences.

Community Watch

» Fox Head Residences apartment plan in Waukesha finished after rezoning vote again denied 02:02 PM

» Mukwonago man killed in forklift accident 12:40 PM

» Third time will be the charm when Arrowhead and Waukesha West meet again 12:00 PM

» Waukesha bank teller charged with skimming from customers' accounts 11:56 AM

» Waukesha Police Report: March 5, 2015 issue 10:00 AM

» Waukesha man is winner of $1 million Mega Millions prize 3/4

» Sprizzo Gallery CaffĂ© closes in downtown Waukesha 3/3

» Senior housing now part of plan for Fox Head Residences in Waukesha 3/3

» The Spoon restaurant is back in business under new ownership near downtown Waukesha 3/2

» Attorneys in Slender Man stabbing case make final plea in effort to reclassify offense 3/1

» New downtown apartment complex part of plan to save Waukesha County Museum 2/26

» Waukesha Police Report: Feb. 26, 2015 issue 2/26

» Suspects from Hartland, Oconomowoc charged for their alleged roles in robbery of Waukesha bank 2/25

» Prosecutors seek to deflect move of Slender Man case to juvenile court 2/25

» Waukesha police investigating death of man found on sidewalk 2/25

» Waukesha police arrest Associated Bank armed robbery suspects 2/25

» Waukesha County Board gives go-ahead to seek redevelopment proposals on Mud Baths building 2/24

» Another wine bar could be coming to downtown Waukesha 2/24

» Darrin Malone, final suspect in Waukesha gas station homicide, arrested in Milwaukee 2/23

» Waukesha Police Report: Feb. 19, 2015 issue 2/20

» Golden Gate Restaurant will host annual Chinese New Year festivities 2/20

» Associated Bank in Waukesha robbed at gunpoint by two masked men 2/20

» Developer: city's downtown apartment denial tells others 'don't bother coming to Waukesha' 2/19

» Fox Head Residences project coming before Waukesha Common Council tonight 2/19

» Waukesha's Community Development Department seeks artists for neighborhood public art projects 2/18

View All Posts Got a tip? Welcome rss

Advertisement

Advertisement

Local Business Directory

CONNECT    

What's Happening NOW

WaukeshaNOW.com and the Waukesha & Pewaukee Visitors Bureau are teaming up to provide you with an online calendar of community events and attractions. E-mail us to learn how to submit an event.