St. Cloud to enter litigation against downtown street contractor Cathcart

Image
  • Despite a lengthy streetscaping project completed last year in downtown St. Cloud, newly-bricked streets feature gaps, dips, potholes and the sand base level rising to the surface in some vulnerable places like this on 10th Street. PHOTOS/THOMAS OUELLETTE
    Despite a lengthy streetscaping project completed last year in downtown St. Cloud, newly-bricked streets feature gaps, dips, potholes and the sand base level rising to the surface in some vulnerable places like this on 10th Street. PHOTOS/THOMAS OUELLETTE
  • Despite a lengthy streetscaping project completed last year in downtown St. Cloud, newly-bricked streets feature gaps, dips, potholes and the sand base level rising to the surface in some vulnerable places on 10th Street. PHOTOS/THOMAS OUELLETTE
    Despite a lengthy streetscaping project completed last year in downtown St. Cloud, newly-bricked streets feature gaps, dips, potholes and the sand base level rising to the surface in some vulnerable places on 10th Street. PHOTOS/THOMAS OUELLETTE
Body

The City of St. Cloud has acquired special counsel to pursue legal action against the contractor responsible for the brick streetscaping project recently completed in downtown along 10th Street and Pennsylvania Avenue.

The City Council has authorized City Attorney Dan Mantzaris to bring in DSK Law partner Tom Neal to assist the City in legal action against Cathcart Construction, who was retained to build the downtown Phase 2 renovation.

The project also included new utilities infrastructure, new sidewalks and decorative lighting on Pennsylvania and 10th.

Drivers and walkers in the area have noted there are already gaps in the bricks, with the sand base layer coming up to the surface, and potholes in the renovated streets.

“Our goal is to get this resolved as quickly as possible,” Mantzaris told Council members at its last meeting.

“We understand the public’s frustration; we are not satisfied with the results either,” Assistant City Manager Dave Tomek said in a city release. “By virtue of City Council authorizing us to bring in a litigation specialist, it is clear that the City is committed to doing whatever it takes to make this situation right and to ensure the finished product is one we can all be proud of.”

Tomek noted in the release that the City is currently involved in prelitigation mediation and is “committed to making sure the City gets the quality completed project it paid for.”

A city spokesperson would not elaborate on the city’s plans or objectives— such as retaining Cathcart for repairs or entering a contact with another firm to get it fixed—for the litigation process, referring back to the release as the city’s response. A Cathcart official has yet to respond to a request for comment on the issue.

In April 2023, the City, which had helped assist business owners in the corridor affected by over a year of street closures, held an “open for business” celebration on Pennsylvania Avenue. That September, with the 10th Street portion project past its completion date but still ongoing, the City Council pressed Cathcart for answers. The street closure limited the amount of traffic and customers to their bars, restaurants and retail locations. Council member Kolby Urban, said at the September meeting, “This is not a product I’d be proud to show as a final product.”

During the delays, Cathcart officials told the city they were because of discovering underground pipes and storage tanks not found on original plans—and then working around Hurricanes Ian and Nicole over six weeks in 2022 also hindered work. In September, talks with city engineers included asking the brick manufacturer to inspect the product and the work, and thought part of the answer then might have had to do with its large trucks pulling out of the alleyways.

Cathcart has done previous work in the area, including a stormwater repair on Old Canoe Creek Road in 2020 and a 2021 sewer rehabilitation project on Hoagland Boulevard.