North Vernon contractor to pay $4.25 million over weak asphalt mix

A North Vernon contracting company has agreed to pay the U.S. government $4.25 million to settle a complaint about road materials.

The U.S. Attorney’s office in Indianapolis announced a civil settlement Thursday with Dave OMara Contractor Inc. over the company allegedly misrepresenting that it was mixing steel slag into its asphalt mix, when it actually wasn’t. According to the government, without the required steel slag it gave the false impression that the roads the contractor paved contained enough binder to ensure that they would not prematurely deteriorate.

The asphalt was used in projects throughout central and southern Indiana, funded in part by the Federal Highway Administration.

Andrea M. Kropf, with the U.S. Department of Transportation’s Inspector General office, said that the settlement sends a message that “putting the safety of the traveling public at risk for personal gain is an unacceptable way of conducting business.”

U.S. Attorney Josh Minkler said that risking “the safety of the motoring public for the sake of saving money cannot be tolerated.”

The settlement followed a multi-year investigation by the U.S. Department of Transportation’s Inspector General office, in conjunction with the U.S. Attorney’s office and the U.S. Department of Justice. INDOT also assisted the United States in its investigation.

The claims resolved by this settlement are allegations only; there has been no determination of liability.