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Durango woman seeks answers, saying construction work caused sewer line backup

City, school district and construction company all slow to take responsibility, owner says
A Durango woman says construction at Miller Middle School caused a sewer backup that cost her close to $5,000 in damages. (Tyler Brown/Durango Herald file)

A Durango woman is blaming construction work at Miller Middle School for a sewer line backup that caused thousands of dollars worth of damages to her house.

Amy Rhodes said rock debris from construction at the middle school was allowed to enter the sewer line, causing the line to backup and flood the lower level of her home with 3 inches of waste.

Rhodes’ home is located on West 28th Street near a bike path northeast of the school’s property.

Rhodes said sewage came shooting through the downstairs shower drain, flooding her downstairs in December. It took about three weeks for the downstairs to dry.

“It was frustrating enough, just having damage that had nothing to do with us and was totally out of our hands,” Rhodes said. “But at least we thought the city was taking responsibility and going to do the right thing.”

She said she was in contact with the city’s former utility manager, Justin Elkins, about the issue and the city planned to split damages with the construction company, Bryan Construction. But about a month ago, those discussions stopped.

After Elkins left the city, communication about who will cover the damages, costing up to $5,000, has been limited, she said.

“We still don’t have a functional downstairs because now they (the city) is dragging their feet,” Rhodes said.

She said she is frustrated with Bryan Construction for allowing the sewage pipe to back up. She is unaware if other homes experienced backups.

City Public Works Director Allison Baker said she has been in contact with Michelle Kress, who is a co-owner of the home, and has had less communication with Rhodes.

“The city did respond to the sewer overflow as we typically do,” Baker said. “The crews cleared the blockage, which video shows to have been composed of material that appears to have come from the fill material upstream at the construction site.”

Baker said Bryan Construction is unwilling to pay for the damage to the home. A representative with Bryan Construction said that as of Feb. 29, the Rhodes had not made an insurance claim.

“Until this investigation is complete, a determination of the reasons for the backup occurring, and the fault is assessed, we cannot share any information at this time,” Bryan Construction Vice President Doug Woody said in an email Monday.

He said Bryan Construction is committed to getting the problem resolved as soon as possible.

Baker said the Public Works Department has been working with Kress and Rhodes to figure out a way to compensate them for damages to the house.

“We have seen less responsiveness from the Miller Middle School contractor than we had hoped,” Baker said. “The city has recently asked the school district, with whom Bryan Construction has their contract, to support the homeowners’ recovery of damages.”

Baker added that Durango School District 9-R Superintendent Karen Cheser is awaiting a third-party inspection report.

“I’ve attempted to contact the school district several times but have not yet received a response,” Baker said.

On Tuesday, the district said an investigative report from Bryan Construction’s third-party insurance agency had been completed. However, the information cannot be released to any of the parties involved until the homeowner files an insurance claim.

“Until this time, it is undetermined who is at fault,” said 9-R spokeswoman Karla Sluis.

tbrown@durangoherald.com



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