Builder sues TWM over Orchards survey

By Kelly Holleran | Oct 20, 2009

A builder has filed suit against an engineering firm that it claims failed to correctly survey and identify a flood plain on land it planned to develop and resell.

Double Eagle Development claims it purchased two additions of the Orchard neighborhood in Belleville in January 2004, intending to develop and sell the properties for the construction of homes.

After buying the properties, Double Eagle hired defendant Thouvenot, Wade and Moerchen to survey and approve the land that Double Eagle had purchased, according to the complaint filed Oct. 9 in St. Clair County Circuit Court.

But Thouvenot, Wade and Moerchen failed to perform appropriate hydraulic calculations on the land as required by the contract and failed to properly assess flood plains, the suit states.

As a result, Double Eagle was not able to purchase necessary permits for development because the land was in a flood plain. In addition, it was not able to immediately sell the land, the complaint says.

In turn, Double Eagle claims it was forced to build detention ponds, to purchase more land and to pay increased interest rates.

In the two-count suit, Double Eagle is seeking a judgment of more than $150,000, plus costs.

Thomas Q. Keefe Jr. of Thomas Q. Keefe Jr. in Belleville will be representing it.

St. Clair County Circuit Court case number: 09-L-544.

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