Completion of the first phase of the downtown Delaware Streetscape project could be delayed due to pending litigation against the city.

Hamilton Parker Co., a Columbus-based residential and commercial building materials supplier which also operates a local showroom, has filed a complaint against the municipality.

Hamilton Parker attorney Jim Havens said the company is asking for an injunction to prohibit the city from rebidding the project and a court order that the city manager must accept delivery of bricks which are "sitting in the Hamilton Parker yard."

Otherwise, Havens said Hamilton Parker will sue for damages for what he called "an obvious attempt to break our agreement."

The action comes in the wake of a recent decision by the city's Public Works Committee to accept new bids for the brick pavers to be used as decorative inlays in new downtown sidewalks. The bid specifications originally called for baked clay bricks, according to Havens. He said those specs were created by a city advisory committee.

Hamilton Parker returned the low bid of $27,320 for about 77,000 bricks in June, owner Adam Lewin said. Havens said city officials directed Hamilton Parker to order the bricks, which were to be custom-made, because of the "tight time frame" required to complete Streetscape.

Havens contends that the city if allowing the specs to be rewritten to allow for use of concrete pavers in response to a request by Oberfield's, a local concrete product manufacturer. "They are showing favoritism," Havens said. "This is politics at its absolute worst."

If funds are committed for a contract and it is in effect, they can't spend the money twice. They have not revoked the contract with us," Havens said. The lawyer said both Delaware common pleas judges excused themselves from the case and the Ohio Supreme Court will assign a visiting judge to hear it.

Interim city manager Dean Stelzer and city attorney Dan Bennington declined comment.