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Lawsuit brewing over barracks build
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Archer Western Contractors of Atlanta announced in a news release last week that Jesup lawyer Mike Conner would represent it in ongoing litigation related to barracks it built on Fort Stewart. The 20 barracks are part of the installation’s $427 million 4th Infantry Combat Brigade Team complex.

Conner is the managing partner of the Conner Law Group and Jesup’s city attorney. Archer Western Contractors is a subsidiary of the Walsh Group.

“Archer Western was and is excited to be involved in this project but was disappointed by the way the subcontract with Exterior Walls was carried out,” Conner said. “Archer Western looks forward to sorting these issues out in federal court and completing work on the barracks project.”

In March, one of Archer Western’s subcontractors, Exterior Walls Inc. (EWI) of Orlando, told the Courier it was not compensated for additional costs incurred when the barracks construction was “accelerated” to meet a July completion date and therefore the small company had trouble paying wages owed to construction workers. Several EWI construction workers told the Courier they were owed two to four weeks worth of wages.

“They eventually paid us our money,” James Hatfield, a former EWI foreman, said. “It wasn’t EWI that paid; it was the bond company that paid.

“I had to have my cell phone shut off. I couldn’t afford it anymore with so many employees calling me over not getting paid,” he said.

Hatfield said he never had any problems with Archer Western and now is working as a foreman for one of the company’s other subcontractors building offices inside the 4th brigade complex.

“Nobody is blaming Archer Western one bit,” he said. “It wasn’t their fault. Everybody I’ve talked to says it was EWI.”
Ivan Moreno, EWI director of operations, said his company has retained Tallahassee law firm Gray Robinson, P.A., and is preparing to sue Archer Western for more than $3 million.

“We have a claim against them. We haven’t actually sued them yet. We’re going to,” Moreno said Monday.

According to Moreno, the barracks completion date had been delayed by about five months and so his company accelerated the build process to meet its contractual obligations to Archer Western.

He said his company had hired more people, expanding its work force from 40 to about 200 workers. The subcontractor’s workers also worked weekends and overtime to finish the project, Moreno added.

 “Before (Archer Western) gave us any money, they wanted us to sign a waiver,” Moreno said. He said his company’s lawyer advised them not to sign it because then they could not make a claim.

“We’re just about ready to close the doors,” Moreno said. He said his company hopes to recover “payroll, additional work on the (project’s) scope and acceleration of the work” via the pending lawsuit.

In an email EWI distributed to other subcontractors involved in the barracks construction, it alleges several subcontracted companies were not fully paid for original contracts or change orders.

Conner detailed Archer Western’s take on its subcontract with EWI, stating EWI entered into a sub-subcontract with another subcontractor, CQ Insulation Inc. Archer Western’s attorney said CQ Insulation alleges EWI has not paid them the owed amount of $89,220.34 and therefore has made a claim on Archer Western for these funds. 

Conner said his client, Archer Western, is entitled to indemnity from EWI and CQ Insulation. He added EWI failed to maintain the project’s work schedule, causing substantial delays in completing the barracks.

Archer Western contends EWI breached its subcontract and is filing a claim for more than $5 million against the subcontractor, according to Conner. 

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GPA grows trade, market share
Intermodal volume up 20 percent
port photo
Rubber tired gantry cranes handle cargo at the Chatham Intermodal Container Transfer Facility at the Port of Savannah. The Georgia Ports Authority's Mason Mega Rail project will double rail lift capacity to 1 million containers per year by 2020 - photo by Provided

The Georgia Ports Authority achieved 14 percent growth in March container volumes, moving 355,208 20-foot equivalent unit (TEU) containers.

From July 2017 to March, TEU container trade grew by 9 percent, or 255,786 additional units for a total of 3.08 million, a new record for Savannah.

"Savannah's continued strength is a reflection of our customers' commitment, Georgia's leadership, and the many dedicated service providers, GPA employees and ILA members who come together every day to achieve great things," said GPA Executive Director Griff Lynch. "March marked our 17th consecutive month of business expansion thanks, in part, to a strong economy and growing market share."

Intermodal rail volumes jumped by 20 percent in March and 15.4 percent for the fiscal year to date, for a total of 318,454 containers handled over nine months – another record for the GPA.

"As the numbers show, our rail cargo is growing at a faster pace than our overall trade," GPA Chairman Jimmy Allgood said. "This is important because rail is playing a key role in our responsible growth strategy. We anticipate our rail infrastructure investments to take 250,000 trucks off the road each year by 2020."

The GPA recently broke ground on its Mason Mega Rail Terminal, on which the Port of Savannah will build 10,000-foot unit trains within its own footprint. From the expanded rail infrastructure at Garden City Terminal, Class I rail providers CSX and Norfolk Southern will provide direct rail service to major Southeast and Midwestern markets from Memphis to St. Louis, Chicago to Cincinnati.

An added benefit is that the Mason Mega Rail project will move all rail switching on terminal – improving vehicle traffic flow around the port.

In August, the GPA will open its Appalachian Regional Port in Murray County. Located in an industrial belt, including the production and export of carpet and flooring, automobiles and tires, the ARP will provide an alternative to all-truck transit to Northwest Georgia.

Each round-trip container moved via the Appalachian Regional Port will offset 710 truck miles on Georgia highways.

March was also a strong month for roll-on/roll-off auto and machinery units at the Port of Brunswick and Ocean Terminal in Savannah. Colonel's Island Terminal in Brunswick handled 66,144 cars, trucks and tractors, while Ocean Terminal added 4,050, for a total 70,194, a 17.2 percent increase.

"The global economy is thriving and our volumes are following suit," Lynch said. "As existing accounts grow their footprint in the expanding auto facility in Brunswick, Georgia's competitive logistical advantages are drawing additional business across all of our docks."

Lynch noted that for the fiscal year to date, Mayor's Point breakbulk terminal in Brunswick grew by 44 percent (34,515 tons) to reach 112,728 tons of forest products. At East River Terminal, bulk cargo expanded by 34 percent July-March (189,918 tons) for a total of 750,384 tons.

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