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Date of Issue: July 05, 2007

It ain't over until it's over

The world renown thespian Yogi Berra once uttered the remark that “It ain’t over until it’s over.”

Truer words were never spoken, as Anna Maria is finding out in its long-running battle with APAC Paving Company over its disputed resurfacing of Tarpon and Oak avenues in 2004.

The job apparently ain’t over.

City officials now say the work performed was substandard and city attorney Jim Dye has written APAC asking them to fix the problems, based upon the warranty APAC provided during paving.

APAC, however, is playing hard to reach.

Dye said in his letter to Steve Ayers of APAC that city representatives have been unsuccessful in contacting him to discuss “these problems.”

One APAC official, Bernie Caulfield, did visit the job site and indicated that he “does not believe that the problems existing on these two streets are warranty issues.” But the city has not made contact with Caulfield, as he went to the job site without a city representative, despite the city’s request to inspect the work together.

It’s the city’s view, said Dye, “the problems experienced fall within the warranty and guarantee provisions” of the APAC contract. He said it’s APAC’s “duty” to replace the failed portions of the two streets at the company’s expense.

While Dye said he “hoped” that APAC would settle the matter “quickly and in a professional manner,” he left the door open for legal action, noting the city is “willing to exercise its rights under the contract.”

Dye also noted the “difficult time” the city had with APAC during the original paving, much of which had to be torn up and redone because of faulty work by APAC. The city withheld its final payment to the company for several months until Ayers agreed to a compromise settlement that included repairint the two roads.

As of press deadline, APAC had not responded to Dye’s letter. Efforts to reach Ayers were unsuccessful.

So, it ain’t over.

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