Claim Response Holland, Theresa
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BAR R Y A. L I N D A H L E 5 Þ.r::-, ~ H .
CORPORATION COUNSEL, CITY OF DUBUQUE
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MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
September 16, 2004
RE:
Claim Against the City of Dubuque by Theresa Holland
Claimant
Date of Claim
Date of Loss
Nature of Claim
Theresa Holland
09/01/04
08/28/04
Vehicle Damage
This is a claim in which the claimant alleges that the exhaust pipe and muffler on her
vehicle were damaged after she drove over numerous potholes on Fremont Avenue.
According to the report of Gus Psihoyos, Acting Public Works Director, this claim relates
to the Fremont Avenue Reconstruction Project being performed by WC Stewart Inc.
The contract called for the standard form of contracts and bonds with the City, which
require the contractor to hold the City harmless from any claims of damage resulting
from the work.
It is therefore the recommendation of the Gus Psihoyos to refer this claim to WC Stewart
Construction Inc. The Legal Department concurs with this recommendation.
BAL:tls
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Gus Psihoyos, Acting Public Works Director
Theresa Holland
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
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MEMORANDUM
September 15, 2004
TO:
Barry Lindahl, Corporation Counsel
FROM:
Gus Psihoyos, Acting Public Works Director
SUBJECT: Claim against the City of Dubuque by Theresa Holland
This claim relates to the Fremont Avenue Reconstruction Project that is being
done by WC Stewart Construction Inc. There were advanced warning signs
indicating "Road Construction Ahead" and several barricades were placed along
the Fremont Avenue curbing where the street was particularly rough. However,
the contract called for the standard form of contracts and bonds with the City,
which require the contractor to hold the City harmless from any claims of damage
resulting from the work.
Therefore, it is the recommendation of the City Engineering Division that this
claim for damages be forwarded to WC Stewart Construction Inc. for further
consideration/processing.
If you have any questions and/or need further assistance, please call me at (563)
589-4270.