Dispute makes for eventful events center

County still doesn't own fairgrounds building

Flathead County still hasn't accepted ownership of its new, $1.2 million fairgrounds events center, even though the building was supposed to be finished months ago.

During a meeting with the county commissioners last week, Fair Manager Jay Scott said a dispute over some minor finishing touches has dragged on for months, preventing the county from signing off on the project and accepting the building.

The original completion date for the structure, which is located near the intersection of Meridian Road and Wyoming Street, was Dec. 22, 2004. Scott said that was changed to March 30, 2005, after an entryway was added.

"It should have been done by then," he said. "We have a punch list of things that the contractor still needs to take care of, but he's not done yet."

In a follow-up interview, Scott said the punch list includes items such as poorly installed insulation, a fire alarm system that doesn't work properly, and ceiling lights that either hang down or fall off completely.

"We've had problems with maybe 30 percent of the lights hanging or falling down," he said. "These are all minor issues; most could be fixed in a day or two."

Pearson Construction of Kalispell was the general contractor for the fairgrounds building.

Owner Tim Pearson did not return phone calls seeking comment. Pearson's attorney, Clifton Hayden, could not be reached on Friday.

Scott said Pearson has been good to work with, except when it comes to these last few items.

"If we have a warranty issue, he's on the job immediately," Scott said. "On the other things, he says we're basically out of luck."

The county is withholding more than $200,000 in payments to Pearson until the building is finished. It has threatened to use the money to pay someone else to do the job, although there's been no movement in that direction.

For his part, Pearson has threatened to file a lien against the county, Scott said.

"We never meet any more without his attorney being present," Scott said. "He says he's done; we say he's not."

Given that the county hasn't accepted ownership of the building, it can't use the facility or rent it out. Scott estimated that $40,000 to $50,000 in revenue has been lost because of this.

"We had the opportunity to do some concerts and other things there, but had to cancel because we don't own the building," he said. "We got written permission from him [Pearson] to use it during the fair."

Scott said the issue has been referred to the County Attorney's Office for a resolution.

"Tim's a decent guy, but a contract is a contract," Scott said. "I feel like we've stood on our heads to work with him."

On Friday, Deputy County Attorney Peter Steele said most of the issues have been addressed.

"The main thing we're arguing about now is the insulation," Steele said. "He says it's fine; we say no, it's not. If we can get an agreement on that, I think we're about done."

The county has had other problems with the building unrelated to Pearson, including a leaky roof and some site drainage issues. Both were resolved earlier this year, when a drainage line was laid down and a second roof was installed over the original one.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com