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January 21, 2019

Mediation settles SCC’s cases with DeVere, DOT

On Nov. 7, a joint mediation was conducted in The Trustees of Southwestern Community College v. DeVere Construction Company, Inc. (17 CVS 766) and The Trustees of Southwestern Community College v. NCDOT (17 CVS 767).

As a result of the mediation, a proposed settlement was reached in the amount of $260,000 to be paid to SCC by the various parties. At a special-called, closed-session meeting on Nov. 8, the Board of Trustees approved the terms of the settlement and authorized SCC’s attorney to draft the necessary documents. SCC is represented by Campbell Shatley, PLLC.

As of today, SCC has received a total of $150,000 from DeVere Construction Company, $35,000 from Dave Wissell, P.E., PC and $15,000 from Calyx Engineers. SCC has filed a voluntary dismissal in case 17 CVS 766.

As to NCDOT and case 17 CVS 767, legally, that case must have court approval. Attorneys for SCC’s Board of Trustees and NCDOT are preparing the necessary paperwork and hope to get court approval and the release of funds to Southwestern in the coming weeks. Per G.S. 143-318.11(a)(3), once all the cases are disposed, the terms of the settlement will be reiterated in the minutes of the next SCC Board of Trustees’ regular-called meeting.

“We are pleased to have fully resolved both cases in a satisfactory manner and to have the necessary funds to restore the Balsam Center to its condition prior to the damage,” said Dr. Don Tomas, President of Southwestern Community College.

The remediation work to the Balsam Center is underway and will be completed in the coming months.

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