City of Sioux Falls plans to sue (non-installer) over bulging EC siding

In one of the most bizarre legal moves by the city of Sioux Falls, they plan to take legal action against an Events Center contractor that WAS not the installer of the siding (DOC: ec-siding-lit)

Dalsin operations manager Jared Kuik has said his company didn’t design, specify or install the panels in question on the west side of the event center and shouldn’t be held responsible for the bulging appearance. Dalsin has filed liens against city proceeds that haven’t been paid out yet for the design and construction of the center, including $452,277.24 for labor and materials and $87,346.84 for work on roof repairs at the Convention Center.

Head scratcher, right? The only way I think this could be possible is if M.J. Dalsin subcontracted the work to be done by McGrath or if Mortenson did? Don’t know, because once again, transparency is NOT on our side;

The news conference lasted only a few minutes, and Pfeifle said his office, city councilors and staff, and the mayor would not discuss the matter because of pending litigation that was commencing immediately.

Which is also bizarre because if they file the suit today with the clerk of courts, it becomes public record, so not sure what everyone needs to keep their mouths shut about? I hope to attain the paperwork after it is filed. Should be some juicy stuff in their.



3 comments ↓

#1 Sammy on 09.02.15 at 1:19 pm

Well since Dalsin is a roofing and SHEET METAL business, perhaps the panels were purchased through Dalsin and suppose there could be some possibility under the UCC that they have some liability. Surely, there will be some counter suit. Who knows.

#2 The D@ily Spin on 09.02.15 at 1:58 pm

Circuit court will dismiss but allow appeal into state court. A contractor can’t sue or counter per ordinances. Its a sophisticated method to redirect city funds to fix the siding.

Case can be addressed constitutionally in state supreme court. They’ll supervise amending the city charter and return us to democracy. There’s lots of case history. I’m hoping the contractor wins legal expenses but I doubt they’ll be paid. Pfeifle could be reprimanded by the state. It takes 4 years to get to state court. Huether will be gone. The city attorney will be asked to resign. No high five for this one and lots of unnecessary city litigation expense.

WARNING: Never bid and accept a city contract. They only pay insiders.

The next mayor will realize denying constitutional liberty means major legal issues and expenditure. City legal was 3 employees during Munson and is now 12 plus triple the expense for contract law firms.

This is not going to look good on our ‘Business Man’ mayor’s resume and may (favorably) prevent him from becoming governor.

#3 THC on 09.03.15 at 7:42 am

Did you get a copy of the complaint? Please post ASAP.

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