Former parks vice chair: Fayetteville paid a contractor millions, but projects aren't done

The seeming standstill on some park construction projects in Fayetteville has prompted a former vice chairman to question how the city is spending voter-passed bond money on the projects.

Darden Jenkins is president of Classic Ballpark Solutions, which has assisted in developing minor league ballparks in the U.S. He served on the Fayetteville-Cumberland Parks and Recreation Advisory Commission board from 1994-1998 and from 2021 until April 1.

In an April 28 social media post, Jenkins said the city had spent millions on incomplete bond projects that included sidewalk construction from Country Club Drive to Shaw Mills Road on Rosehill Road; projects at Mable C. Smith Park; and tennis courts by Filter Plant Road.

A construction project at Mabel C. Smith Park on Shadbush Lane sits unfinished.
A construction project at Mabel C. Smith Park on Shadbush Lane sits unfinished.

On Tuesday, Jenkins said that he’s learned the contractor of the sidewalk project, Mohammad Construction, is the same company for the other projects.

The Fayetteville Observer reported in September 2023 that work for the Rosehill Road sidewalk project was only about 30% complete before the city started looking for a new contractor because of incomplete work.

Attempts to reach Mohammad Construction, which changed its name to Apex Contracting Group last month, were unsuccessful Wednesday and Thursday. A voicemail was not set up for a number listed for the company with the Secretary of State.

Jenkins estimates that the city paid Mohammad Construction at least $4.1 million of the nearly $8 million in bonds, while city figures show the three parks-related projects exceed that amount by more than $5.54 million.

“The magic date is — when did officials know things were off? Anything they paid this developer after that is crazy money,” he said. “There was no oversight at City Hall. It’s impossible to pin down who dropped the ball.”

Contractor leaves $1.2M Fayetteville sidewalk project unfinished. What happens now?

Abandoned projects, costs and payments

In an email Tuesday, city spokesman Loren Bymer said construction at Mable Smith Park and work on the site for the tennis courts at Filter Plant Road “has stopped due to the contractor abandoning,” the projects.

“Before the contractor abandoned the project,” Bymer said, Mable C. Smith Park was supposed to be completed May 28.

The tennis courts were supposed to be finished April 12, and site work for the tennis center was supposed to be completed July 22.

Construction for a tennis center building has not started. The design is expected to be finalized by the end of this fiscal year, Bymer said.

Bymer said the former Mohammad Construction was paid more than $3.67 million for the tennis site work; more than $1.21 million for the construction of the tennis court; and more than $645,500 for Mable C. Smith Park.

Bymer said Thursday that while the jobs weren't finished, funds paid were for services rendered and the work that had been completed.

City records show that Mohammad Construction was awarded a $1.46 million contract for Mable C. Smith Park that was to include a 2,900 square-foot building, expansion of the parking lot, a new splash pad and a renovated playground and walking trail.

Records show work on the splash pad and playground was completed in February 2023.

According to city records, Mohammad Construction was awarded $3.84 million for the tennis center site work in Mazarick Park in June 2022 and $1.34 million for the tennis courts in February 2023.

The Fayetteville Tennis Center on Filter Plant Road remains unfinished.
The Fayetteville Tennis Center on Filter Plant Road remains unfinished.

What's next?

Jenkins also questions who looked into the company’s prior work history and whether Mohammad Construction was a properly bonded contractor. According to the Small Business Administration, small businesses can receive surety bonds backed by a surety company to guarantee a project's work.

“Things weren’t right,” Jenkins said. “We’re talking millions of public funds invested.”

During a May 2 radio interview with local host Goldy, Mayor Mitch Colvin said that Mohammad Construction was licensed at the time it was awarded contracts in Fayetteville.

“You should not have one contractor to get that much work that you haven’t vetted over and over again,” Colvin said. “So, that is a problem.”

Colvin said he couldn't speak about whether the bonds were forged but said that if they were, that would be subject to prosecution.

“The city wouldn’t necessarily or intentionally take a bond that we know is worthless and allow that to secure projects that we are putting our money into,” the mayor said.

Colvin vowed in the radio broadcast that as long as he is mayor, Mohammad Construction “will never get another” contract in Fayetteville.

Two-thirds of the funds for the project are still available, he said.

During a May 6 interview with Goldy, Parks & Recreation Director Michael Gibson declined to discuss specifics, but said “lawyers are involved” concerning the incomplete work.

Gibson said the projects will be put out for bids on the remaining work.

“It’s so frustrating,” Gibson said. “That tennis center ... If it would have stayed on schedule, we probably would have been about 30-35 days out from having people play tennis.”

Staff writer Rachael Riley can be reached at rriley@fayobserver.com or 910-486-3528.

This article originally appeared on The Fayetteville Observer: Why are these Fayetteville parks projects not finished yet?