Friday, December 7, 2012

Judge postpones McKinstry hearing

Elgee grants motion to reshuffle proceedings


By TERRY SMITH
Express Staff Writer

A clearer schedule has now been laid out by Judge Robert Elgee to consider recent motions filed in a lawsuit between the Blaine County School District and its energy contractor McKinstry Essention, headquartered in Seattle.

At a telephonic conference held Wednesday morning in Blaine County 5th District Court, Elgee granted a School District motion to delay a hearing requested by McKinstry wherein the company is seeking to have a contract between the parties ruled “unenforceable.”

Instead of being heard on Dec. 17 as earlier scheduled, the hearing is now set for Jan. 28.

McKinstry filed the motion on Nov. 19. According to the motion, a court order ruling the contract unenforceable would eliminate numerous School District arguments and counterclaims, including those for breach of contract, breach of warranties and breach of financial responsibility.

The judge also on Wednesday rescheduled a hearing on a School District motion to add punitive damages to its counterclaim against McKinstry. Originally set for Jan. 28, a hearing on the district motion, filed on Nov. 16, is now set for Feb. 25.

Elgee previously informed attorneys for both parties that he will consider the contract issue first because the outcome of that hearing will likely affect the district claim of punitive damages.

Litigation between the parties started in May when both parties filed lawsuits against each other. The cases were later consolidated with McKinstry as the plaintiff and the School District as the defendant.

The dispute arose out of a contract that the parties entered into in 2010 for energy savings work and other improvements at eight district schools and facilities.

McKinstry has claimed that it performed work at the School District’s direction worth $25.9 million and that the district still owes the company about $7 million. The district claims it authorized work worth only $18.6 million and is claiming damages against McKinstry for at least that amount.

A jury trial on the case, expected to last about 25 days, is scheduled to begin on Oct. 15, 2013.


Terry Smith: tsmith@mtexpress.com

 




About Comments

Comments with content that seeks to incite or inflame may be removed.

Comments that are in ALL CAPS may be removed.

Comments that are off-topic or that include profanity or personal attacks, libelous or other inappropriate material may be removed from the site. Entries that are unsigned or contain signatures by someone other than the actual author may be removed. We will take steps to block users who violate any of our posting standards, terms of use or any other policies governing this site. Use of this system denotes full acceptance of these conditions. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.

The comments below are from the readers of mtexpress.com and in no way represent the views of Express Publishing, Inc.

You may flag individual comments. You may also report an inappropriate or offensive comment by clicking here.

Flagging Comments: Flagging a comment tells a site administrator that a comment is inappropriate. You can find the flag option by pointing the mouse over the comment and clicking the 'Flag' link.

Flagging a comment is only counted once per person, and you won't need to do it multiple times.

Proper Flagging Guidelines: Every site has a different commenting policy - be sure to review the policy for this site before flagging comments. In general these types of comments should be flagged:

  • Spam
  • Ones violating this site's commenting policy
  • Clearly unrelated
  • Personal attacks on others
Comments should not be flagged for:
  • Disagreeing with the content
  • Being in a dispute with the commenter

Popular Comment Threads



-->
 Local Weather 
Search archives:


Copyright © 2014 Express Publishing Inc.   Terms of Use   Privacy Policy
All Rights reserved. Reproduction in whole or in part in any form or medium without express written permission of Express Publishing Inc. is prohibited. 

The Idaho Mountain Express is distributed free to residents and guests throughout the Sun Valley, Idaho resort area community. Subscribers to the Idaho Mountain Express will read these stories and others in this week's issue.