Utilities District Sues Contractor in Nebraska

By: Dan Crisler
Source: Omaha World-Herald, Neb. (TNS)
Video: KETV

The Metropolitan Utilities District has filed a lawsuit against an Omaha construction company, alleging the construction company did not take adequate care in performing work near a water treatment plant in 2023 that resulted in the rupture of a pressurized water pipeline and caused the utility to issue water restrictions on its customers.

In the lawsuit filed in Douglas County District Court on Friday, MUD alleged Hawkins Construction failed to take the required steps to ensure its excavation project, which was part of a capital improvement project for the utility’s Florence Water Treatment Plant, would not damage the pipe at the plant. The utility alleged the construction company’s “failure to exercise the requisite care” was the “direct and proximate” cause of a rupture of the pipe on July 25, 2023.

Read today’s top news.

“The rupture of the operational and pressurized pipeline resulted in the uncontrolled release of over 14 million gallons of water, damaging the district’s facility, equipment and further resulting in the full shutdown of the plant,” MUD alleged in the court document.

A MUD spokesperson said the more than 14 million gallons of water were lost over the course of two hours.

MUD said the rupture required operations at Florence water treatment plant to be curtailed for months. The utility is seeking more than $5 million in damages from Hawkins.

MUD contracted with Hawkins to replace the existing pipe with new suction and discharge piping for a pump station in the nearby Minne Lusa neighborhood on June 1, 2022, according to the lawsuit. Hawkins was also contracted to install infrastructure related to the project. The pump station improvement was part of a larger project to upgrade numerous components at the Florence Water Treatment Plant.

The utility said the treatment plant was supposed to be operational throughout the project and Hawkins was aware of that. The utility also contended Hawkins was “obligated to coordinate its activities with the district to ensure, at a minimum, two pumping units were operational at all times through the project, except for certain limited pre-arranged times where the plant would need to be fully shut down.”

On July 25, 2023, according to the lawsuit, Hawkins crews were using an excavator to remove dirt. MUD alleged the excavator was in close proximity to the pipeline and Hawkins did not take steps to ensure the pipeline would be protected from the excavation work being done.

MUD has requested Hawkins reimburse the utility over $1.9 million in lost revenue and more than $3.47 million in repair costs for property damage, infrastructure and associated remediation. The utility is also seeking that Hawkins pay interest and cover court costs.

MUD is requesting a jury to decide the lawsuit.

A voicemail left with a Hawkins Construction representative was not immediately returned.