Saturday, January 9, 2010

Wall Collapse Case Heads to Court

The Luminary Staff

Parkville will head to court in the matter of the collapsed retaining wall on Brinks-Myer Road near 45 Highway, suing three companies for damages the city says they were liable for.

In court documents filed in November, the city alleges that Miles Excavating was in default of their contract with the city to fix the wall after it collapsed following a torrential rain storm in late April. The suit also names Western Surety, who provided the maintenance and performance bonds for the project and architects Van Deurzen and Associates. The city claims Western Surety has refused to honor the bonds and that Van Deurzen provided a faulty design.

Mayor Gerry Richardson announced the suit during the first Aldermen meeting of December and said he was confident the city would prevail in court and that the wall would be repaired at no cost to the city. The city is also looking to recoup a little more than $100,000 it says it paid in order to temporarily brace the wall and open the road to through traffic. The matter will be heard in a Platte County Circuit Court in February.

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