VDOT contractor to fight prelim report

NORFOLK, VA, (WAVY) - The relationship between VDOT and contractor TME is on thin ice as TME prepares to fight back against claims of negligence.

Potholes across Interstate 264 eastbound caused thousands of dollars in damage for local drivers last month and TME Enterprises, Inc. has gotten heat from the Virginia Department of Transportation (VDOT) in the form of an internal report released last week for not repairing the potholes in a timely manner.

"Sections of I-264 and I-64 have reached the point where some portions of the concrete have lost their structural integrity," the report read. "The sections of I-264 and I-64 are in poor to very poor condition."

The report uncovered VDOT recommended TME cover the cost of the emergency repairs or VDOT would take it out of their payment to the company.

TME filed a claim Wednesday, noting that VDOT owes them $250,000 for each week of work, totaling in approximately $1 million.

Commonwealth Transportation Board (CTB) member Aubrey Layne said he is surprised TME wants additional money and that their request is making the CTB seriously question the government's already fragile relationship with TME.

Layne said TME's request to be reimbursed will be considered when the CTB takes up their contract.

"I would say right now based on what I've seen in the report and their reaction so far, it has given me great pause as to whether or not I can go forward with them," Layne said.

Layne said this disagreement could end up in court if TME and VDOT don't see eye to eye. That would mean more tax dollars in legal bills by VDOT.

"If we need to spend that money to protect what we've already spent, what taxpayers have already spent, then it's money well-spent," Layne said.

TME's contract is on hold until VDOT commissioner Gregory Whirley releases his recommendations on the company. Sources told 10 On Your Side TME will aggressively dispute any negative claims VDOT had about their work in the internal report by VDOT.

Layne said the highways got to that point due to TME's negligence.

"Over the last five years, it's been the contractor's responsibility to maintain the road, and if you look at the report, many of the things that happened were over the last five years under their watch," Layne said. "I will not be in favor of moving forward with any contractor that is not in good standing with the state of Virginia."

TME will also argue the concrete on I-264 does not meet current thickness standards of 13 inches.  Portions of 264 are only 9 inches as noted in the report. 

WAVY.com is still waiting to ask VDOT commissioner Whirley about last week's internal report.