Beach Nourishment Update #2

First of all, I hope you have a Happy Thanksgiving day!

Yesterday, I called Bobby Outten (he is both the Dare County Executive and the Dare County Attorney), and he willingly and openly spoke with me regarding the nourishment project.  In summary, here's what he said:

1. Weeks Marine, the nourishment contractor, has a second current project/contract in Norfolk VA with the federal govt.  
2. Weeks can't complete both projects by the end of December 2022, so they made a business decision to do the federal project first and the Duck project second.  
   • I'm sure the federal contract involves more money for Weeks and the feds are more likely to sue Weeks than Dare Co if the Norfolk project isn't completed on-time.
3. Dare County has a couple of options:
   • Amend the Weeks contract.  This is the preferred option for Dare County.
     • New nourishment dates of March to mid-May 2023.
     • New requirement to add additional sand at no extra cost to cover any new erosion that may happen between now and March.
     • New requirement to add additional sand at no extra cost if there is a new major storm between now and March.
     • New requirement to repair any walkways at no extra costs if any walkways get damaged between now and March.
     • Add a 'liquidation penalty' clause that would pay Dare County for the larger of (a) actual damages or (b) $5-$6K per day if the Duck nourishment isn't completed by mid-May.  The purpose of this clause would be to 'make us whole' if Weeks fails on the amended contract.
     • Dare County and Weeks have already verbally discussed these points.  According to Bobby, Weeks is OK with them and appears to be ready and willing to amend the contract accordingly.
     • Dare County and Weeks will be meeting next week to actually amend the contract and re-sign it.
   • Sue Weeks for breach of the current contract.  This is not the preferred option for Dare County.
     • While this could be done, it would probably take a year or more to complete.  In the meantime, the Duck project would probably be completed anyway.

My sense is that Bobby Outten is dealing with this sincerely and expeditiously and is pursuing this with the best option available under the circumstances.  While the Town plays a small role in this, this is mostly a Dare County issue at this time.  I will follow up with Bobby next week to see how the contract amendment discussions go with Weeks.

I know this is not the best news, but it may be the best given current realities that we are facing.  If beach nourishment ends up being completed by mid-May, maybe we can live with that.