In court documents filed last November, the city alleged 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 2011. The suit also named Western Surety, who provided the maintenance and performance bonds for the project and architects Van Deurzen and Associates. The city claimed Western Surety had refused to honor the bonds and that Van Deurzen provided a faulty design.
Former Mayor Gerry Richardson announced the suit during the first Aldermen meeting of December 2011 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 had also expected 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 trial was first set to be heard in Platte County Circuit Court in February but was postponed to last Monday.
In a statement from the City, officials said the lawsuit will not be dismissed, but has been removed from the court's docket. The statement is as follows: