The city denies the company’s claims, stating that E.S. & C.M. did not fulfill the terms of the contract.
The city also filed a counterclaim in December seeking damages from E.S. & C.M., alleging the company failed to abide by the contract by failing to submit detailed progress reports with their invoices as required by the agreement.
E.S. & C.M. has disputed those allegations, stating that the company fulfilled the contract, producing preliminary design and feasibility reports provided to the city and the TWDB in 2008 and the work and invoices were not the subject of complaint until 17 months into litigation.
Willow Park also claims that the company “recklessly asserted without any knowledge of the truth” that the city would receive funding from the TWDB and that they were “fraudulently induced” to enter the contract.
E.S. & C.M. stated in court filings that the record of evidence shows no representation on the part of E.S. & C.M. that funding was guaranteed.