Wichita Falls calls breach of contract lawsuit frivolous

Lynn Walker, Wichita Falls Times Record News
·2 min read

Construction contractor Leetech Solutions Inc. has dropped its breach of contract lawsuit against the city ofWichita Falls

The 89th District Court confirmed the case, which had been mandated for mediation, was dismissed on April 18.

In a news release titled, "City Takes Hardline Against Frivolous Lawsuits," Deputy City Attorney Julia Vasquez said, “We believe that the City acted appropriately in terminating Leetech’s contract and therefore the City had no reason to settle this case.”

The city of Wichita Falls calls a breach of contract lawsuit filed by a contractor "frivolous."
The city of Wichita Falls calls a breach of contract lawsuit filed by a contractor "frivolous."

Stephen D. Harrison, the Fort Worth attorney who represented Leetech, said, "It was not frivolous. The city wrongfully terminated a contractor that was performing in accordance with the city's instructions."

The Aledo firm was awarded a contract for $389,000 in June 2021 for improvements in the 2022 Lift Station 15 and 39 rehabilitations project. The city said the work had to be done in 180 days, but after more than 300days, the contractor had completed less than 5 percent of the work.

The city held Leetech in default and terminated the contract. In September 2022, Leetech sued the city for breach of contract.

The city rejected Leetech’s request to settle the lawsuit.

“The City Attorney’s Office has a policy that we do not settle cases, even for nominal value,because that invites more frivolous lawsuits," City Attorney Kinley Hegglund said in the press release.

"Additionally, we are responsible to the taxpayers to be good stewards of the City funds, and settling cases for which the City has committed no wrongdoing is contrary to that obligation,” Hegglund said.

Harrison said his client agreed to dismiss the suit because the company couldn't afford the legal costs it was incurring.

"They did not have the funds to continue to fight City Hall despite City Hall's breach," he said. "The city was quite willing to spend the money. It didn't make any difference whatever the legal fees were."

The city hired Fort Worth attorney Richard E. Schellhammer for the case.

This article originally appeared on Wichita Falls Times Record News: Wichita Falls calls breach of contract lawsuit frivolous