WEWAHITCHKA, Fla. (WMBB) — Wewahitchka’s fire station was supposed to be completed back in April but while construction has halted on the project, lawsuits haven’t.

The bonding Company, Fair American Insurance and Reinsurance Company, has filed a federal lawsuit against the former contractor of the Wewahitchka fire station, Winterfell Construction.

FAIRCO is suing Winterfell on five counts.

The owners of Winterfell are Bay County Commissioner Tommy Hamm and his wife Jamie Hamm.

On January 11, FAIRCO issued payment and performance bonds to Winterfell Construction “to guarantee the performance of Winterfell’s obligations under its contract with the city for the fire station project.”

A few weeks later, on January 27, Wewahitchka terminated Winterfell as the contractor after city leaders claimed Winterfell was responsible for a crack in the foundation, a faulty roof and construction delays.

Soon after, Tommy Hamm sued the city over the broken contract.

But, FAIRCO’s lawsuit alleges that Winterfell Construction failed to uphold its obligations.

And that Winterfell is responsible for the losses, costs, expenses, and attorney’s fees that FAIRCO has incurred and will continue to incur.

Winterfell was served the lawsuit on October 31.

The fire station was supposed to be completed by April or the city risked losing FEMA funding for the project.

According to our media partner, the Port St. Joe Star, the city is seeking alternative methods for completing the fire station.

The star also reports that the city sent a letter to FAIRCO demanding the company uphold its obligations to the city under the bond in an attempt to recuperate some of the expenses for continuing with the fire station construction.

According to The Star, Wewahitchka’s letter said “this process has been ongoing for nine months, FAIRCO is past due in meeting its obligations. We have attempted to address these matters with FAIRCO multiple times, including in our letter dated July 14, 2022, and in subsequent conference calls. We now urge FAIRCO to initiate appropriate procedures to pay out on its bond obligations.”

News 13 reached out to Tommy Hamm but he declined to comment.