Mississippi Supreme Court affirms ruling in water tower dispute

By By Suzanne Monk / managing editor
Sept. 20, 2002
The Mississippi Supreme Court has affirmed Circuit Judge Larry Robert's decision in a dispute over construction of a million-gallon water tank in North Meridian.
The 7-2 ruling was issued Thursday.
The dispute over the tower, designed to alleviate water pressure problems, began as soon as the contract was awarded in May 2001.
The lowest of the four bids, submitted by Caldwell Tanks, was $1.261 million. The next-highest bidder, Landmark Structures, claimed Caldwell had ignored the bid specifications allowing them to gain a $52,000 edge on the competition.
The difference in the two bids lies in how the concrete was to be cast. The water tower design called for a million-gallon steel tank supported by a 100-foot concrete cylinder.
The city's bid specifications said the cylinder's ring-shaped components should be cast in 6- to 12-foot sections. Caldwell proposed casting the rings in 4-foot sections eliminating the need for special handling and saving money.
Landmark officials said Caldwell's bid should be thrown out because it deviated from the design specifications. Unable to sway city officials, Landmark appealed to Lauderdale County Circuit Court in June 2001.
Roberts ruled in the city's favor the following September, noting that the Meridian City Council had reserved the right to waive deviations as long as its decision did not adversely affect the price, time or changes in the work.
Landmark officials appealed to the Mississippi Supreme Court, which echoed Roberts' remarks in its ruling affirming the lower court decision.
In the meantime, and while the appeal was pending, Caldwell began construction of the water tower which is now complete.