AshBritt, one of two contractors internal Broward school district auditors say overbilled more than $765,000 for classroom repairs after Hurricane Wilma, plans to sue the district, an attorney for the company said Monday.

It's more about wanting to restore their good name than about money, Michael Moskowitz said.

AshBritt, his client, plans to file a lawsuit in Broward Circuit Court this week arguing that the school district violated the company's due process rights by not letting it respond to the audit's findings, Moskowitz said. The lawsuit will also ask the court to order the school district to declare the audit false and defamatory.

``We're going to insist that the final judgment contain a retraction of these spurious allegations,'' Moskowitz said, adding that accountants hired by AshBritt found that the company did not overbill the district.

A letter telling School Board members and administrators about AshBritt's intent to sue would be delivered Tuesday morning, Moskowitz said.

Edward Marko, the School Board attorney, said Monday he could not discuss a case that hasn't been filed yet.

``I can't comment on anything that they plan to file until they file it,'' Marko said.

School Board members were already scheduled to discuss the audit at a workshop meeting Tuesday. Moskowitz said he would accept an offer to speak at that workshop, though it is ``unlikely'' that a chance to speak would change AshBritt's mind about suing.

School district staff and board members have said AshBritt does not need to respond to the audit because the report is about the district's construction department, not the contractor -- something AshBritt disputes.

The controversial audit, released in July, said that Pompano Beach-based AshBritt and Texas-based C & B Services -- which was not licensed to work in Florida -- may have falsified some bills and engaged in fraud or collusion. Auditors have recommended the district ask for its $765,000 back. AshBritt has denied wrongdoing.

The audit came back into play following last month's arrest of suspended School Board member Beverly Gallagher in a federal corruption probe involving the district's construction program. Gallagher has pleaded not guilty.

Investigators have subpoenaed thousands of records pertaining to the audit, and federal authorities have questioned board members about Ron Book, who is registered as AshBritt's lobbyist before the Broward County Commission but not the School Board.

Book has said he proposed that the school district, looking for quick repairs after the 2005 hurricane, piggyback on a contract AshBritt had with the county. District policies have since changed, with dozens of companies pre-approved to work after a hurricane strikes.

Much of the audit's controversy stemmed from a draft copy of the report being released before district construction staff had a chance to respond. The planned lawsuit will argue, among other things, that the district went against state law by releasing the draft, according to a copy of the AshBritt complaint Moskowitz released to The Miami Herald.

Board members recently changed district rules to exempt draft audits from public records.

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