he city of Parkville has filed a lawsuit against three companies for damages suffered as a result of a collapsed retaining wall.
In 2008 the city contracted with Miles Excavating to build a soil nailed retaining wall along Brink-Myer Road and 45 Highway. Western Surety, who bonded the project, and Van Deurzen, who was contracted to design the wall, are also named in the lawsuit.
The court filing alleges that Miles Excavating approached the city after the deal was struck with a plan to change the wall to a modular retaining wall and a change order was issued.
In December of 2008 the wall was completed. On April 29 of this year, a major portion of the wall collapsed.
The city claims in the documents that several times Miles Excavating was given the chance to fix the problem. In June, the city declared Miles Excavating in default of the contract. The filings say during a teleconference between the city’s attorney and attorneys for Miles Excavating, the city was informed that Miles Excavating would not cooperate.
A week later the city began bracing efforts on the wall.
According to the minutes of the Parkville Board of Aldermen meeting held Dec. 1, Mayor Gerry Richardson made the announcement that the city was pursuing legal action and that a suit had been filed Nov. 19.
Richardson said at the meeting that he is optimistic the city will prevail and that the wall will be fixed at no cost to the city.
The matter is scheduled to be heard by the court on Feb. 8 at 9 a.m.