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Back in the last months of 2012, Six Sons, a minority contracting firm, was (and, actually, still is) seeking a $110,000 payment for work it performed constructing the foundation for a new West District Police Precinct under construction at Clinton and Jackson avenues in Jersey City.
The payment got caught up in charges and accusations traded between Six Sons and APS, the general contractor. An arbitration meeting not only failed to clear up the issues, but it resulted in Six Sons losing its contract and being eliminated from the job without being paid.
For several weeks, the issue was the subject of headlines and discussion at several Jersey City City Council meetings. The matter got so heated that then-Ward D. Councilman Steve Fulop asked mayoral Chief of Staff Rosemary McFadden to get involved in the matter, while also suggesting that newly elected Ward F Councilwoman Diane Coleman be brought into the controversy.
Actually, previous Ward F. Councilwomen Michelle Massey had also attempted to settle the matter to no avail.
Six Sons eventually filed a mechanics lien with the city to get the money being claimed.
According to a spokesman for the city’s Legal Department, the city did set the sum in question aside from the $10 million assurance bond APS Construction had to post for the project. The spokesman said it is actually illegal for the city to be involved in a dispute between a general contractor and one of its subcontractors. “That’s called tortious interference,” the spokesperson said.
APS replied to the mechanic’s lien by adding an additional amount to its bond, referred to as “double bonding” to cover the amount in question, the spokesperson said.
Once the double bond is posted, the city is more or less out of the picture.
Now in order to collect, Six Sons will have to sue APS for the money. The double bonding is to cover the sum Six Sons is seeking, up to double the claim.
In a conversation held earlier this week, Six Sons principal Ted Lovely said he is planning to talk to city officials about the matter and will keep me informed on his next move.
The plight of Six Sons is important because it seems the few instances that minority firms manage to snag a city-connected contract or subcontract, things don’t seem to work out. The minority firms often end up with little or no money and sometimes are left so financially strapped that they’re driven out of business.
It’s also important in this instance because the West District Police Precinct, old and new, is in the heart of the black community. If it’s completed with little or no minority business, craftsmen or worker involvement, it would be a travesty — albeit business as usual.

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