MADISON - ST. CLAIR RECORD

Bi-State Development Agency filed suit in St. Clair County Circuit Court June 2 against Kilian Corporation, Baxmeyer Construction, and Illinois Excavators Inc., (KBIE) a venture group responsible for the $29.5 million Illinois MetroLink extension.

Bi-State claims a retaining wall collapsed because the soil at the base of a rail wall washed out on June 19, 2003, near the 29.6 mile post.

"This condition placed the safe operation of MetroLink trains in immediate jeopardy," the complaint states.

Bi-State claims it fixed the collapsed wall through emergency engineerig and repairs.

"A subsequent investigation into the cause of the collapse revealed that no riprap had been placed at the base of the retaining wall during construction even though contract documents require riprap," the complaint states.

Bi-State claims KBIE breached its express and implied contractual provisions and warranties with regard to the construction and installation of the retaining wall by failing to build the wall in conformity with the performance specifications and all terms and conditions of the contract.

Bi-State claims the defect would not have occured had KBIE performed its obligations in compliance with the contract, and the defect is inconsistent with a properly constructed and installed retaining wall system.

Represented by Mary Bonacorsi, Pamela Meanes, and Paul Sonderegger of St. Louis, Bi-State is seeking a judgment of $215,281.50 against KBIE for the costs of repairing and replacing the defective retaining wall.

05 L 327 (20th Circuit)