OXFORD – Citing continuing building problems at the Oxford County Regional Airport, an attorney for Oxford Aviation has said the company will begin withholding rent payments to the county.

Oxford Aviation, an aircraft painting and refurbishing company, rents space for $1,800 a month. The company filed suit against the county last year, and said the county was slow to respond to a roof leak that created dangerous working conditions.

Gavin McCarthy, representing Oxford Aviation, said the leak led to mold contamination, making some offices unusable and leading to illness in some employees. The suit charges breach of contract and asks that the company not be held liable for any claims that may arise out of the issue.

Initial figures state that repair work at the facility has topped $100,000. County Administrator Carole Fulton said the county has completed work on the worst sections identified by the company.

In a letter to county attorney Jonathan Piper dated Dec. 23, McCarthy said the roof is still leaking and that further mold remediation work is needed. McCarthy also said Oxford Aviation has sustained approximately $27,000 in damage due to lost time and items damaged by remediation workers.

In the letter, McCarthy offered to resolve the lawsuit by accepting $50,000 and assuming the costs of further remediation or $27,000 with the county to complete remediation.

Chairman David Duguay said the commissioners would be able to accept an offer, but it would be a board decision. McCarthy said the offer was only good until the end of the year.

“Moreover, beginning with the January 2009 payment, Oxford will begin withholding rent until the amounts due from the county are satisfied,” McCarthy wrote.

Fulton said the rent payments are due on the first of the month. The county received payments for all of last year, but has not received one for January.

In a response to McCarthy on Dec. 30, Piper stated that the county will be preparing an answer to Oxford Aviation’s complaint.

Duguay said the commissioners could take punitive action against the company for withholding payments as a board decision.

“I’m sure there could be some consequences for that,” said Duguay about the possible withholding of rent payments.

Fulton said the company would have to be given a 90-day notice in the event of any punitive action.