TME to ask VDOT for $250,000 per week for emergency pothole repairs

Posted at 2:29 PM, Mar 13, 2013
and last updated 2013-03-13 23:14:54-04

$250,000 dollars a week for emergency pothole repair work; that is what TME Enterprises is now demanding from VDOT.

The amount is above and beyond what TME already gets paid each month from their $29 million maintenance contract.

VDOT's central office in Richmond confirmed to NewsChannel 3 Wednesday that they received TME's notice of intent to file a claim in the last week.

For those of you counting...the pothole emergency on February 8th happened 5 weeks ago,so the total tab TME is asking for amounts to $1.25 million in additional tax payer money.

Sounds ridiculous, right?

According to their contract though, they have every right to ask.

It clearly states that VDOT will "consider claims for additional compensation on an annual basis," if the agency initiates a change that ends in a "substantial documented economic impact" on TME.

During the pothole emergency, VDOT required TME to work around the clock putting more pothole patching material down on our roads than ever before.

At the same time though, that contract allows VDOT to make sure that TME "remedies or re-performs" work at their own expense when that work "does not conform to the requirements" of the contract.

An internal VDOT report released to NewsChannel 3 last week found that TME did not follow through with their contract--failing to repair potholes "in a manner or at a rate sufficient" to maintain a "safe, durable and smooth surface" on our roads.

At the same time that TME is asking the state to pay them over a million dollars...VDOT is deciding whether to do the same.

$200,000 of tax payer money was spent on additional contract crews and materials to help speed up the pothole patching process.

VDOT's chief engineer is recommending that amount be deducted from TME's next monthly check.

It was two competing claims with taxpayer money all caught in the middle.

According to members of Commonwealth Transportation Board, if there is no settlement between VDOT and TME, then this case could end up with a lawsuit in court.

It will then be up to a judge to decide who pays.