Stratford Manor-CS030227Z - - W " , F 1
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G. DAVID RINGER P.C.
ATTORNEYS & COU NSELORS
10440 NORTH CENTRAL EXPRESSWAY
SUITE 1400L.6.400
OALLAS, TEXAS 75231
(214) 360-1000
FAX (214) 360 -1033 WRITER'S a - mad
of (214) 360 -1010
dringer @dringer.com
February 27, 2003
VIA FACSIMII:F 4977 304 35
Mr. Larry Davis, Construction Inspector
City of Coppell
255 Parkway
P.O. Box 478
Coppell, Texas 75019
Re: Stratford Manor pavement
Dear Mr. Davis:
A copy of your letter dated January 15, 2003 addressed to Mr. Bill Anderson with Dowdey
Anderson &Associates has been provided t
ll and the second paragraph of your letter in to reply and address the situation, generally,
particular.
I think it is important to summarize several objective dates. The plat for the subdivision was
filed after receiving the City's approval and by the City's agent on August 26,1999. By your letter
dated September 13, 1999, the Citv of Coppell indicated all work was accepted. Plans for all work
had been reviewed, and all construction routinely inspected along the way.
As a part of that process to finalize platting and accepting improvements, a maintenance bond
(bond no. 8156- 62 -89) from Rodman Paving, Inc. was delivered to the City of Coppell. The bond
has by its terms expired and the date by which assurances regarding matters relating to constructed-
i is now well past two years.
As you know, during the term the maintenance bond was in effect, the area currently under
discussion was replaced by Rodman Paving, Inc. Work in that area involves many
utilities /franchisee improvements lying in or crossing the roadway, including without limitation
water lines. During Rodman's repair work, it became apparent there was a water line leak. Rodman
Paving, Inc. repaired that leak and completed the rest of the construction work in April, 2000 -
Significantly, the work done by Rodman Paving, Inc. in rebuilding that section of the paving
was made based on your instruction/specifications- The method of rebuilding the area over the
various utilities running within that section of the roadway, the application of a flex base and the use
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Mr. Larry Davis
February 27, 2003
Page 2
of concrete to fill in were all techniques done or followed at your request. The letter you reference
in the second paragraph of your referenced letter does not address that intervening action or address
the fact that any current condition of the roadway in this area relates not to the original construction,
but to the remedial action undertaken pursuant to your express instructions /specifications.
Available information regarding the subterrean factors affecting Stratford Lane does not lead
to a clear conclusion. The reports seen by the developer are couched with assumptions or
suppositions which are not conclusive. For example, one of the reports speaks of a ground water
source causing this problem, but the testing done at the site did not reveal the presence of any ground
water. Whatever factors are contributing to the condition of the roadway, the now developed
information demonstrates that the current and former condition of the pavement relate to factors
other than an issue of defective workmanship or material. In addition to that, any current condition
of the road is outside the time period through which the developer and/or its contractor would have
any obligation to the City of Coppell for that paving.
It is unfortunate that this particular section of the roadway has difficulty. However, that
difficulty is not the responsibility or the obligation of the developer or the paving contractor who
performed the original work. With the information you developed at the time you made your
specifications and/or instructions regarding the remedial work, the City of Coppell appears to be in
the best position to factor in all known information. A determination could then be made for any
additional testing or assessment and/or consideration given to what source of difficulty must be
addressed and/or construction techniques follow to avoid a continuation of the circumstance which
undermines the improvements installed in accordance with industry standards.
GDA:nk
cc: Mr. Bill Anderson
Mr. Les Foster
Prosper Land Company, Ltd.
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