Ferriday must pay Triton’s attorney fees
Published 12:00 am Tuesday, December 7, 2010
FERRIDAY — Once again, water problems are drenching the Town of Ferriday.
On Nov. 29, the town was ordered to pay $2,500 to Triton Water Technologies for attorney’s fees after the town refused to answer the company’s questions and requests for documents. Triton filed a breach of contract lawsuit against the town in January.
Seventh Judicial District Judge Kathy Johnson also ordered that Ferriday produce the documents and answer the company’s questions.
“The company is pleased to know that the town is not being allowed to delay this process any further,” Triton’s President Bob Work said in a press release. “But for the town’s delays, Ferriday could be earning hundreds of thousands of dollars in new revenue to pay for a new water system. The citizens of Ferriday deserve better.”
Ferriday Mayor Glen McGlothin said he did not want to comment on the issue because it is still undergoing legal proceedings.
Ferriday Town Attorney Anna Ferguson said the November ruling for Ferriday to pay the legal fees was just one of the first steps of what is going to be a long trial.
“This was just one hearing on one minute issue regarding discovery,” she said. “Discovery is the very first phase of any lawsuit. This is an ongoing case, and we are going back and forth on issues regarding to the case.”
Ferriday’s contract with Triton was executed in February 2009.
Then, in late May of 2009, the Ferriday Board of Aldermen voted to terminate the contract, 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 everything needed to meet their requirements, but that Triton had not started work.
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.
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.
According to a press release issued by Triton the town originally said it did not have the funds to pay the company, and that is why the contract was canceled.
The release stated the company not only learned Ferriday had the money to replace the tank, but the town also used research done by Triton to obtain additional funding to update the billing system and meters.