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PARIS – An attorney for Oxford County has filed a counterclaim against Oxford Aviation, charging the aircraft painting and refurbishing company with breach of contract.

Joshua Carver states in an answer to a civil complaint brought against the county that Oxford Aviation has violated its lease by not paying its $1,800-a-month rent to the county. The attorney for the company, Gavin McCarthy, had previously said that the company would begin withholding rent payments.

Oxford County owns the Oxford Regional Airport, and Oxford Aviation rents out space in buildings on site. The county is charged with the upkeep of the buildings. The lease is in effect until 2027.

In a complaint filed in August, Oxford Aviation said that the company reported a roof leak in 2005, which worsened in early 2008. The company says the county was slow to respond to its requests to fix the roof, and that the leak led to mold contamination and illness in some employees.

Oxford Aviation charged the county with breach of contract and asks to be indemnified in any claims arising out of the mold issue.

According to a letter to the court, Carver states that the answer follows “several months of settlement negotiations.”

In his answer, Carver denies that Oxford Aviation informed the company “on several occasions” that the roof was leaking, and also denies that the roof began leaking in 2005 due to insufficient evidence. He denies that the county never repaired the roof or did mold remediation work.

Carver states that the county completed roof repairs in August and October. He says other work included mold remediation, repainting walls, and the replacement of carpets, tile, sheet rock, insulation, and wallpaper done in October and November.

Carver admits that Oxford County received or sent several letters included in the court record, but denies the allegations in the complaint as inconsistent with the language in the letters.

In late December, McCarthy said Oxford Aviation was willing to resolve the lawsuit for a $50,000 settlement or $27,000 plus the remaining costs of mold remediation. Oxford Aviation has claimed about $27,000 in damages due to lost time and damages done by remediation workers.

In that letter, McCarthy said that the roof at the facility was still leaking and that more mold remediation work was needed. He said Oxford Aviation would begin withholding rent payments “until the amounts due from the county are satisfied.”

On Thursday, the Oxford County commissioners went into a one-hour executive session at a special meeting to discuss the lawsuit. No action was taken.


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