Lawsuit could target construction company

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Reesman’s Excavating & Grading Inc. soon might replace the “XYZ Contractors” place holder in a lawsuit filed against the city of Cudahy.

Thomas O’Connor, who has a Janesville address but owns a mixed-use building at 4775 S. Packard Ave. in Cudahy, sued the city in May, claiming construction in 2012 damaged his property’s foundation, according to court documents.

The complaint names “XYZ Contractors” as a place holder for a construction company that was “careless and negligent” during work on water and sewer laterals near O’Connor’s property.

But Robert Ochowicz, an attorney at Milwaukee-based Kasdorf, Lewis & Swietlik SC who represents Cudahy, said the contractor is Reesman’s, which is based in Burlington.

Greg Reesman, president of the firm, confirmed his company did the work on South Packard Avenue in summer 2012. The project, which he described as underground utility rehabilitation work, was part of a 2011 contract that carried over into 2012.

According to a published notice, the project’s contract was for almost $2.1 million.

Reesman refused to comment on the lawsuit.

“Right now,” he said, “that’s in the hands of my insurance and the city.”

O’Connor’s claim does not specify the extent of the damage, nor does it request a specific amount of money. O’Connor could not be reached for comment, and his attorney, Robert Welcenbach, of Milwaukee-based Welcenbach Law Offices SC, did not immediately respond to multiple requests for comment Thursday afternoon.

If a judge were to find the city liable, Cudahy contends, any damages O’Connor could win through the lawsuit would be capped at $50,000.

A municipality, according to state statute, cannot be forced to pay more than that amount if it is found liable for damage as long as the action that caused the damage was part of official business. According to court documents, Cudahy contends the construction project was official city business.

“The question,” Ochowicz said, “is: Did any work that was done cause any damage?”

Cudahy officials, he said, do not believe that is the case.

If O’Connor’s property was damaged, according to court documents, the city claims it either was the result of his own carelessness or something that happened before the construction project. Furthermore, according to the court documents, Cudahy should not be held responsible for the contractor’s work.

Now that XYZ has been identified, Ochowicz said, he expects the contractor to be in court. He said the city or O’Connor could name Reesman in the case.

“That’s, I think,” Ochowicz said, “the most pressing and immediate thing to happen next.”

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