Skowhegan’s new public safety building at 51 East Madison Road is home to the town’s Police and Fire departments. Rich Abrahamson/Morning Sentinel

SKOWHEGAN — Skowhegan officials still have concerns about the quality of construction of the town’s new public safety building, prompting the Board of Selectmen on Tuesday to continue withholding the final payment to the project’s contractor.

The board voted 3-1 to reduce the town treasurer’s warrants to be approved at its meeting by $20,000, effectively removing the town’s final payment owed to Benchmark Construction of Westbrook.

In a discussion Tuesday, selectmen and town administrators disagreed over whether that was the right move — or if it was legal.

Selectmen agreed in February to have the town sign off on the 25,500-square-foot building on East Madison Road, which now houses the Skowhegan Police Department and the Skowhegan Fire Department. Construction of the building, which cost more than $8 million, began in 2022, after voters chose its location in a 2020 vote.

With several issues identified, such as leaking roofs, the town withheld the final $20,000 payment, police Chief David Bucknam said in February.

Bucknam, who was also serving as interim town manager this winter, said Tuesday the $20,000 payment was originally due in January.

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The contract with Benchmark also includes a one-year warranty, requiring that the contractor address issues within the scope of the project’s plans, officials have said.

Board Chairman Paul York, whose landscaping company has a mowing contract with the town, brought up the issue of the final payment at the beginning of Tuesday’s meeting. The front lawn at the building, which had been one of selectmen’s concerns, has improved, York said.

“The lawn up there is actually coming in quite nice,” York said. “It’s better. There are still some bare spots, but it’s a lot better.”

Charles Robbins, vice chairman of the board, said he disagreed.

“I drove up by there this morning, and that front lawn looks like crap,” he said.

Robbins recommended continuing to withhold the $20,000 final payment, pending a final inspection by Bryan Belliveau, the town’s code enforcement officer.

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“I wouldn’t give ’em a damn penny,” Robbins said.

Bucknam said Benchmark has been responsive to complaints. Representatives from the company were at the building Monday evening to look at issues with leaking in the fire apparatus bay, the chief said.

“I make that phone call — they are right there,” Bucknam said.

Later in the meeting, after Robbins motioned to remove the $20,000 from the town’s bills to be paid, York warned of the effects of that decision.

“We probably should tread very lightly,” York said, “because we’re going to get contractors that are not going to want to work for the town of Skowhegan if we don’t pay our bills.”

Town Manager Dawn DiBlasi, who is a lawyer but not the town’s attorney, said she was concerned about potential legal implications of withholding the payment longer. Selectmen did not have a copy of the contract to review during Tuesday’s discussion, DiBlasi said.

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“My concern, when I put my legal hat on, is that we have a contract with them (Benchmark),” DiBlasi said. “And we have to be very careful that if we don’t pay them and they start a legal action, you’re going to be paying a lot more than $20,000.”

Belliveau, the code enforcement officer, confirmed he has not done a final review of the building, but said he believes Benchmark should be paid. The one-year warranty should cover any remaining issues, he said.

“They are owed that $20,000 because they’ve met the stipulations for ‘substantial completion,’” Belliveau said. “That’s the same across the board for any project anywhere in the state of Maine.”

Robbins and fellow board members Amber Lambke and Steven Govoni ultimately disagreed with those arguments, with York the only selectman to vote against Robbins’ reduced figure for the warrant amount. Selectman Elijah Soll was absent from the meeting.

“We’re still within the rights of this contract,” Govoni said.

Benchmark will continue to address issues under warranty through November, when a final walkthrough is expected, Bucknam, the chief of police, said.

“I have had zero issues with Benchmark,” Bucknam said. “They have been spot-on working with me — 100%.”

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