Claim Response Noel, JohnBARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To: Mayor Terrance M. Duggan and
Members of the City Council
DATE: May 17, 2002
RE: Claim Against the City By John Noel
Claimant Date of Claim Date of Loss Nature of Claim
John Noel 02/26/02 During N. Booth Property Damage
Reconstruction Project
This is a claim in which the claimant states that during the reconstruction project on North
Booth Street, the bottom step of his home was cracked. The step had been repaired, but
according to claimant, it looks like it is going to crack again.
According to the report of Mike Koch, Public Works Director, this claim relates to the 1999
PC Concrete Paving Project that was performed by Horsfleld Construction, Inc. The
contract between Horsfield Construction, Inc. and the City included bonds and insurance,
as well as language stating that the contractor shall hold the City harmless against all
claims arising out of the construction project.
It is therefore Mr. Koch's recommendation that this claim be forwarded to Horsfield
Construction, Inc. for further consideration. The Legal Department concurs with his
recommendation.
BAL/tls
CC: Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Mike Koch, Public Works Director
John Noel
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 16, 2002
TO: Tracey Stecklein, Legal Department
FROM: Michael A. Koch, Public Works Director
SUBJECT: John Noel Claim
This claims relates to the 1999 PC Concrete Paving Project that was done by
Horsfleld Construction, Inc. Although the project was accepted February, 2002,
the maintenance bond, which requires the contractor to maintain the
improvements in a state of good repair, is effective until February, 2003.
Therefore, it is the recommendation of the City Engineering Division that this
claim be forwarded to Horsfield Construction, Inc. for further
consideration/processing.
If you have any questions and/or need further assistance, please call me at (563)
589-4270.
MAK/vjd
cc: Michael Felderman, Civil Engineer
Attach.