City's new sports park mired in legal battle

One of the companies being sued along side Independence for damages related to work done on the new Independence Athletic Complex is suing the city for alleged breach of contract.

L.B. Enterprises filed a lawsuit April 21 against Independence claiming a breach of contract alleging that Independence refused to pay LBE for work on grass turfs installed at the complex’s baseball and softball fields.

The poor condition of the grass has prohibited the city to allow use of the fields until next year, one summer behind schedule.

“Basically, the grass didn’t grow,” Independence City Attorney Allan Garner said. “The issue arose from a contract that called for grass to be installed in a certain fashion. There are standards in the contract, and the end result didn’t meet the contract specifications.”

Attempts to reach Jeffrey B. Rosen, attorney for L.B. Enterprises, were unsuccessful.

Court documents indicate LBE had to incur $344,000 in costs because soil at the complex was unsuitable for growing grass. Independence officials, the suit states, misrepresented in its plans and specifications for the complex the viability of the soil.

L.B. Enterprises is seeking in its suit $1.1 million for unpaid work and incurred cost plus attorney’s fees. The total contract between the city and L.B. Enterprises was nearly $3.9 million.

Parks and Recreation Director Eric Urfer said despite the the condition of the baseball and softball fields, the rest of the Athletic Complex is open. Urfer cited numerous events that have recently taken place at the complex, including hosting in May the Western Open Ultimate Frisbee Tournament that city officials deemed a success.

“We are going forward,” Urfer said, adding the city has rented the facilty to several groups, but will not lose revenue because of the lack of use on the baseball and softball fields. “We are not losing revenue.”

On Monday, Space Center Inc., owner and operator of the  underground limestone mine at 601 S. Missouri 291, filed a lawsuit in federal court, also alleging breach of contract and negligence against the city for allegedly allowing The Clark Enersen Partners, URS Corp. and L.B. Enterprises Inc. to build the Athletic Complex over a portion of the underground warehouse that allegedly led to a caved-in ceiling.

According to the lawsuit, Space Center claims that on June 24, 2006, a ceiling collapsed underneath where the complex was being built, causing the sprinkler system to go off where General Mills was storing large quantities of flour. Damage was estimated to at more than $1.2 million.

The collapse allegedly occurred in an area where L.B. Enterprises had dammed a creek, which created a small pond. When the pond was filled, the company allegedly put too much fill over where the ceiling collapsed, leading to the damage, the suit states.

Garner said earlier this week that the new city park did not have anything to do with the cave-in, and the city is contesting the lawsuit in court.

TCEP of Nebraska was selected by the city to design the Athletic Complex and subcontracted the engineering consultant work to URS, based in California. L.B. Enterprises of Belton was contracted to perform excavation and grading work, as well as construction of the Athletic Complex.

Space Center is seeking to recover the $1.2 million in damages plus interest and costs related to the lawsuit.