Greeley council authorizes lawsuit against contractor

GREELEY — The Greeley City Council voted Tuesday night to file a lawsuit against Duran Excavating Inc., a Greeley company that has done business with the city.

At issue was a 2019 project along 10th Street in which the city and state paid for street improvements. As part of the deal, according to documents shared with the City Council, the contractor, Duran Excavating, was required to comply with state and federal construction standards. The company was required by the contract to meet federal “Buy America” requirements. The Colorado Department of Transportation, in reviewing documentation provided by the contractor, determined that it had not met those standards.

As a result, the state withdrew $2.18 million in grant funding.

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The city issued a notice of default Jan. 13, 2023, but had been unable to resolve the issue, the city documents allege. The city attorney requested authorization to file suit in order to reclaim the lost grant or settle the situation.

Ernest Duran is listed with the Secretary of State as registered agent. A call to the company was not returned.