County files lawsuit over bridge

Quay County government has filed a lawsuit against the contractor, architect and state insurance authority over the lack of insurance on a new, multimillion-dollar bridge destroyed by flash flooding in May.

The county filed the complaint, alleging breach of contract, negligence and unfair insurance practices and demanding declaratory relief, in Tucumcari district court on Oct. 26.

The lawsuit is against contractor Vital Consulting Group of Albuquerque, architect Stantec Consulting Services and the New Mexico County Insurance Authority. The complaint requests a trial by a jury of six people.

The lawsuit had been expected. County commissioners had held several closed executive sessions in recent months to discuss possible litigation over the washed-out, low water bridge on Old Route 66 between Endee and San Jon.

Stantec was the firm that designed a low water bridge that would replace Bridge No. 1625, built in 1931, and it hired Vital to build the new span.

The lawsuit states Vital was required to purchase builder's risk insurance policy for damages that could occur with the bridge.

"Despite Vital's obligation to obtain a builder's risk insurance policy for the construction of Bridge #1625, Vital failed to purchase such a policy," the complaint states.

"Moreover, despite Stantec's duty to ensure that a builder's risk insurance police was in place to protect Quay County, Stantec failed to ensure such a policy was in place."

The complaint states the county in effect had with the state insurance authority a property coverage agreement that provides coverage for "physical loss or damage caused by or resulting from [flood]."

Flash flooding on May 25 from up to eight inches of rain in the area destroyed the $4 million bridge, which was just a few days from completion.

Data from the National Weather Service indicated it was a 500-year storm in severity, which means it had a 1-in-500 chance of occurring in any given year.

The 1931 bridge due for replacement still stood after the storm, though flooding caused one of its approaches to cave in. The old bridge has not been cleared by state officials for traffic because of fears the flooding may have compromised the structure.

The suit states Vital and Stantec were notified on June 22 of their obligation to take steps to evaluate construction costs associated with repairing the new bridge and coordinate efforts to complete the project at no additional expense to the county, but both failed to do so.

The complaint also alleges the insurance authority wrongfully denied the county's property damage claim on Aug. 14.

The lawsuit requests a declaration that the flood damage be covered by the state insurance authority's property coverage agreement, plus actual damages, interest, attorney fees, costs and other relief deemed appropriate by the court.

Logan attorney Warren Frost, the county's attorney, and Thomas Hnasko and David Lynn of the Hinkle Shanor law firm of Santa Fe filed the lawsuit.

One day after the filing, District Judge Albert Mitchell Jr. recused himself from the case, and another judge will be assigned.

Vincent Martinez, president and managing member of Vital, stated in an email to the Quay County Sun last Tuesday: "We received the Quay County complaint last night. We will be investigating their allegations. I do not have a comment for you at this point. While I appreciate your desire to provide information to your subscribers, I do not know what I can and cannot say."

Emails last week to Stantec and the state insurance authority requesting comment were not answered.

For now, a section of Old Route 66 remains closed to traffic in that area. That has resulted in long detours for area residents, including rancher Frank Gibson, who says he is forced to drive an additional 30 miles to get around it.