HomeMy WebLinkAbout2021CV30470 - CITY OF FORT COLLINS v. AMERICAN CIVIL CONSTRUCTORS, INC. AND AMERICAN CIVIL CONSTRUCTORS, LLC - 007 - City Status Report grantedDISTRICT COURT, LARIMER COUNTY,
COLORADO
201 La Porte Avenue
Fort Collins, CO 80521
Plaintiff:
City of Fort Collins
v.
Defendants:
American Civil Constructors, Inc. and
American Civil Constructors, LLC
▲COURT USE ONLY▲
ATTORNEY FOR PLAINTIFF:
John W. Mill, Atty. Reg. #22348
Mill Construction Law LLC
1040 S. Gaylord Street, Suite 8
Denver, CO 80210
Phone Number: (303) 601-5635
Email: john@millconstructionlaw.com
Case No. 2021-CV-30470
Courtroom: 3B
STATUS REPORT
Plaintiff the City of Fort Collins (“City”), by and through its counsel, for this Status
Report, states as follows:
BACKGROUND
1. The City is the owner of a pedestrian underpass located in the City’s right-of-way at
Prospect Road and Center Avenue in the City of Fort Collins (“the Underpass”). The Underpass
is approximately 18 feet wide and 92 feet long.
2. ACC was the general contractor that designed and constructed the Underpass.
3. The Underpass is leaking through multiple joints between the concrete panels used to
construct the ceiling of the Underpass.
GRANTED BY COURT
10/21/2021
JUAN GONZALO VILLASENOR
District Court Judge
DATE FILED: October 21, 2021 3:27 PM
CASE NUMBER: 2021CV30470
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4. On June 30, 2021, the City filed its Complaint in this case asserting that design and
construction defects by ACC caused the leaking in the Underpass.
5. On August 30, 2021, ACC accepted service of the Complaint.
6. On October 6, 2021, the Court issued an Order for Motion for Default Judgment or
Status Report. This Status Report is submitted in compliance with that order.
7. Before and after ACC accepted service, the City and ACC have been cooperating in
an attempt to discover the cause of the leaking in the Underpass. These efforts have included
expert inspections and discussions aimed at trying to identify the cause of the leaking so it can be
corrected.
STATUS REPORT
8. On October 7, 2021, the City and ACC reached an agreement that could potentially
lead to a settlement of the claims in this case. The agreement calls for ACC to remove and cover
with concrete a large landscaping planter box above part of the Underpass by October 29, 2021.
ACC believes the planter box may be the source of the water causing the leaking.
9. The parties’ agreement includes that after ACC removes the planter box (and its
irrigation system) and covers it with concrete, the parties will observe the Underpass through the
winter, until May 2022, to determine if the leaking has stopped.
10. The parties agreed that in May 2022 they will discuss the observations over the winter
and either (1) negotiate a mutually-agreeable settlement, or (ii) proceed with this lawsuit.
11. The City and ACC have been working diligently to attempt to find a reasonable and
efficient way to resolve the City’s claims, avoid unnecessary expense and minimize the burden
on the Court.
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12. The City and ACC have agreed to file a joint motion asking the Court to stay this
action until June 30, 2022. The stay will allow the parties to implement their agreement, remove
the planter box as a potential source of water leaking into the Underpass, observe the Underpass
over the winter months until May 2022 and then determine if the removal of the planter box has
stopped the leaking.
13. The stay may eliminate the need for the parties and the Court to proceed with the
litigation of the City’s claims, save the parties significant expense and save judicial resources.
14. On October 18, 2021, the City’s undersigned counsel drafted and sent to ACC’s
counsel a draft joint motion for stay. ACC”s counsel has been unavailable to review the draft
motion.
15. The City’s counsel anticipates that the parties will be able to file the joint motion for
stay by October 25, 2021.
16. Therefore, the City requests that the Court not enter a default judgment against ACC
and allow the parties until October 25, 2021 to file a joint motion for stay.
Dated: October 20, 2021
MILL CONSTRUCTION LAW LLC
Original signature on file for review upon
request at the office of Mill Construction Law
LLC.
By: s/ John W. Mill
John W. Mill, #22348
Mill Construction Law LLC
1040 S. Gaylord Street, Suite 8
Denver, CO 80209
Attorney for City of Fort Collins
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CERTIFICATE OF SERVICE
I hereby certify that on October 20, 2021, I caused a true and correct copy of the
foregoing STATUS REPORT to be electronically served by email to:
J. Scott Lasater, Atty. Reg. #16070
Lasater & Martin, P.C.
Email: Scott@lasaterandmartin.com
Counsel for Defendant
s/ John W. Mill