Killeen lawsuit

Crumbling pavement is seen on Stagecoach Road in front of the KISD Career Center on Wednesday, June 6, 2018, in Killeen.

A six-figure legal dispute between the city of Killeen and a Killeen-based construction firm over pavement failures on Stagecoach and Trimmier roads is still in the discovery stage, according to court documents.

McLean Construction, Inc., filed a civil suit Feb. 23 in the 146th District Court in Bell County, alleging the city did not pay $825,365.21 for work on the Trimmier Road Widening Project and phase two of the Stagecoach Road Reconstruction Project after pavement failures on both stretches of road.

Both projects were designed to allow better east-west and north-south arterial traffic flow for commuters heading to and from Texas A&M-Central University, along with other new development as the city grows, according to the city.

On July 24, lawyers from all parties accepted a notice to provide written depositions and discovery documents, including all preliminary design work, change orders and re-designs. Responses have not yet been received by the court.

In its original petition, McLean said the city withheld some of the firm’s contracted fee after the firm refused to perform repairs that it said were outside the scope of its contract.

“The City is refusing to pay McLean amounts due and owing to McLean based upon the City improperly claiming that McLean is responsible for making repairs to the asphalt paving because of the defective design of the Stagecoach Project adopted by the City,” the petition read.

According to the case docket, Killeen filed a countersuit March 26 alleging McLean and Shallow Ford Construction, a subcontractor on the Trimmier project, performed negligently and refused to address repairs caused by substandard work.

McLean was awarded a $17 million contract for the second phase of the Stagecoach Road renovation project, which was originally scheduled for completion in April 2015 but is currently listed incomplete by the city.

The work widened Stagecoach Road from a two-lane road into a five-lane with a center-turn lane and an 8-foot sidewalk. During construction, there was asphalt failure in a mile-long stretch from West Trimmier Road to the west.

The total McLean is claiming for the Stagecoach project is $748,480.81.

The firm is also claiming $76,884.40 in withheld wages for the Trimmier Road Widening Project after asphalt cracks appeared. The $6.8 million project widened Trimmier Road by adding a center turn lane from Central Texas Expressway to Elms Road and was substantially completed in January.

In its complaint, McLean faulted shoddy design work by the city for the asphalt damage and said any repairs added to the city’s “punch list” were outside of the firm’s contracted scope.

kyleb@kdhnews.com | 254-501-7567

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