Indiana DOT accuses contractor of “material deficiencies” in highway project, asks for replacement or $5.1 million lump sum

Updated Nov 19, 2015

road work cones constructionThe Indiana Department of Transportation (INDOT) has accused a Fort Wayne contractor of “material deficiencies” in a highway project completed in 2012 that has led to the road “deteriorating at an alarming rate”.

In a letter from INDOT Deputy Commissioner Robert Fuller dated September 25, INDOT asked Brooks Construction to either replace the pavement in question or repay the department $5,146,902—the amount paid to the contractor for the asphalt materials as part of the contract.

INDOT has given Brooks Construction until October 2 to comply.

The letter also indicates INDOT and Brooks Construction had previously been involved in discussions and counteroffers for a period of 10 months and had not reached a resolution.

In a report by, Brooks Construction Executive Vice President John Brooks said the company met INDOT’s requirements for the asphalt mix.

“For more than 105 years, our family owned business has taken tremendous pride in both customer service and the quality of our work,” Brooks said in a statement. “During this project, INDOT conducted 72 tests on our asphalt mix and all were approved. We complied with all INDOT specifications at the time of the construction.”