Water company suing Ferriday

Published 12:00 am Tuesday, January 26, 2010

VIDALIA — Nearly three years to the day after Triton Water Technologies approached the Ferriday Town Council with a proposal to improve the town’s ailing water system, the company has filed suit against the town in Seventh Judicial District Court.

The contract was executed in February 2009, and the Ferriday Board of Aldermen voted to terminate the contract in late May 2009, approximately two weeks after the town was placed on a boil-water notice by the Department of Health and Hospitals.

At the time the contract was terminated, town officials said they believed they had done due diligence to meet their requirements, but that Triton had not started work.

The vote to terminate the contract was unanimous, with the motion made by Alderwoman Gloria Lloyd and seconded by Alderman Jerome Harris.

Ferriday Mayor Glen McGlothin said Monday he had been expecting the lawsuit, and that he reserved his comments about it because the matter was in legal proceedings.

“I won’t deny that I signed that contract,” he said. “That’s one of those things that happens and that is why we have an attorney. This is one of those bridges we have to cross.”

The suit affidavit, which was filed Jan. 15, alleges that Ferriday breached the contract not by the vote to terminate it but by not paying $378,978.20, the first payment in the payment schedule and 30 percent of the contract.

The affidavit says Triton, “notified the Town of Ferriday that it stood ready to proceed with its obligations under the contract. Indeed, at all material times Triton stood ready to proceed with its obligations under the service agreement and made arrangements to fulfill its obligations.”

The entire contract was for $1,253,260.32.

The suit requests a judge trial, and asks for damages plus interest and court costs.

Triton representatives could not be reached Monday afternoon.