Awaiting judge’s decision on dismissal
The trial in the lawsuit of Kuechle Underground Inc. of Kimball, Minnesota (plaintiff) v. the City of Mountain Lake (defendant), had been scheduled for January 2016, however, attorneys for the city have filed a motion asking that the case be dismissed.
Both parties are waiting for a decision on the dismissal motion from Honorable Christina M. Wietzema, Judge of District Court for the Fifth Judicial District.
The court is requiring mediation before the matter can to trial. But, neither party wants to mediate until after the judge makes her decision regarding the dismissal.
Because there won’t be enough time between the judge’s decision, and the original trial date to mediate, the trial has been moved to July 1, 2016 at the earliest.
History of the lawsuit
In the lawsuit, brought against the City of Mountain Lake by Kuechle Underground Inc. of Kimball, Minnesota, Kuechle maintains that the city breached the contract by “failing to provide plans and specifications that were adequate” (Kuechle Underground Inc. was the general contractor for the 2012-2014 Utility and Street Project.)
In the complaint, Kuechle alleges that the company performed Utility/Street Project work according to the contract, its obligations and the plans and specifications as was noted and given to them by the city. And, despite that work, certain portions of the work performed in both 2012 and 2013 settled (includes 2nd Avenue, 5th Avenue, 6th Avenue and Prince Street).
The complaint includes the statement that Kuechle did not cause the settlement on the project, and reserves its right to seek reimbursement for the related extra costs of the remedial work necessary to correct the settlement. According to the complaint, as of its date, the city has not paid Kuechle for the extra costs incurred because of the settlement.
Kuechle attests that, because of the city’s breach of the contract, the general contractor has been damaged in an amount greater than $50,000, with the exact amount to be determined at trial.
