From Deseret News archives:
Provo sues paving firm
City wants company to pay for sewage backup
The dog clog created a sewer backup that damaged 21 homes last year at a cost of $388,101.16, according to documents released by the city through a government records request. The city wants Ogden-based Staker & Parson to help foot the bill.
On Aug. 26, 2005, sewage backed into two homes near Timpview High School. City crews couldn't find the manhole at the intersection of 3750 North and Timpview Drive, so they moved north to the next manhole on 3750 North at Foothill Drive.
The crew shot water pressure down the line to dislodge the clog, but a couple of hours later, residents reported another sewer backup near 3400 North and 500 East. A city employee went down the manhole and found the dog's carcass blocking the line.
Provo Mayor Lewis Billings directed city staff to pay for the cleanup of the 18 homes damaged in the second backup. The city also made payments to residents for damages to their personal property.
Provo had hired Staker & Parson in 2004 to repave 3750 North and other streets in the area. The contract called for Staker & Parson to remove manholes in the streets, then cut down the road asphalt before putting down new pavement. After the paving was done, deputy city attorney David Dixon said Staker & Parson then was required to raise the manholes back to street level.
The lawsuit alleges Staker & Parson was negligent when its employees failed to raise and re-open the manhole at the intersection of 3750 North and Timpview Drive. Dixon said city crews regularly try to catch whatever is clogging a line by flushing water in at one manhole and catching the debris at the next manhole.
"We couldn't do it in this case because there wasn't a manhole," he said. "Staker & Parson surfaced over the top and nobody noticed because we didn't need to go down there until the sewer backup happened. We don't chart every manhole. That's what they get paid to do."
The suit asks that Staker & Parson be held liable for "a reasonable portion" of the costs based on the company's alleged negligence.
Company official Paul Glauser said Staker & Parson does not believe it is liable, but the company hasn't yet been served with the suit, which was filed last Thursday in 4th District Court in Provo.
"We're exploring the situation to find out the details and where our liability lies," Glauser said.
