The lawsuit, to be filed in Sedgwick County District Court on Oct. 9, 2024 by the City of Bel Aire, seeks recovery of damages to redesign and reconstruct the road. The suit names Mid Kansas Engineering Consultants, Pearson Construction, LLC, and Garver, LLC as defendants; claiming that professional negligence and breach of contract resulted in the Woodlawn project's pavement failure between 37th and 45th Street North. KDOT estimates the cost of redesign and reconstruction could be between $3 million and $8 million.
In a release, the City of Bel Aire spent more than a year in discussions with all interested parties but could not reach a satisfactory option. "Our role as a City Council is to be good stewards of taxpayer dollars," said Bel Aire Mayor Jim Benage. "We also want to be good partners with those companies who are using federal grant money to build local infrastructure. Our hope was to fix the problem collaboratively with all three companies. It is unfortunate for everyone that we are now in litigation, but the City must protect taxpayers."
Mayor Benage says that the project will move forward while the lawsuit works its way through the court system. Bel Aire's City Council cancelled its contract with MKEC and approved a new contract with Professional Engineering Consultants to develop design options for a new roadway and underground drainage system. KDOT will assist the City with short-term financing for the new work, while the City awaits a settlement or judgment from the lawsuit.
