BENTON COUNTY — A suit against Benton County for storm damage cleanup costs was settled recently after the county agreed to a $568,945 settlement.

TNT Dirtworks of Decatur filed the lawsuit seeking $1.4 million for work the company performed following last January’s ice storm.

The firm had initially billed the county for $2,227,193 for its work. When the settlement is paid, the firm will have received more than $1,708,000, just $419,065 short of its original bill.

The lawsuit occurred after the company’s contract was terminated and the county refused to pay the initial bill.

The original contract authorized paying $90 per leaning and hanging branch on ice-storm damaged trees. On his initial invoice from TNT Dirtworks owner Tim Witcher he showed hecut $264,510 worth of trees on his busiest day.

When it was discovered how the cost would add up, County Judge Dave Bisbee proposed a new contract with the four contractors for $4,500 per truck. The other three contractors agreed to the change; Witcher did not and his contract was canceled. This resulted in the eventual lawsuit.

The settlement was proposed after Jason Owens, a Little Rock attorney, spoke to the Quorum Court advising them of risks of going to a jury trial.

Justice of Peace Bobby Hubbard of Decatur voted against the settlement. “This is over $12,000 per day per truck for two or three guys per truck. I have never heard of anyone making that much.”

JPs Craig Brown and Frank Winscott also voted against settling the suit.

News, Pages 3 on 02/24/2010