Smart Homes, Moses Lake mitigate claimHome construction to resume

MOSES LAKE - Smart Homes, Inc. lifted a claim of damages against the city of Moses Lake after certain negotiations were met.

"It doesn't mean the lawsuit has gone away," Smart Homes President Jerry Crawford said.

Approximately 90 percent of the issues were resolved, he said. Construction of the development near Montlake Park will continue.

"I think the city really stepped up to try to solve the problem," Crawford said.

In June, Smart Homes Operations Vice President Michael Bickler claimed $1.75 million was lost in summer home sales because they were forced to stop construction.

The claim was filed due to issues related to paint striping, utility installation and a storm water system.

Smart Homes preferred to paint black paint over the parking stripes in the Montlake Park development parking lot, but the city wanted the lot sand blasted.

Bickler said sandblasting would damage the lot.

"Nobody from the city had ever gone down to look at the parking lot," Crawford said.

A city representative recognized the lot needed to be improved, he added.

"The city actually re-paved the parking lot and then we striped it," Crawford said.

Smart Homes executed a licensing agreement with the Burlington Northern railroad company to install water and sewer mains under the tracks near Linden Avenue. The railroad company requires the agreement and it contains a clause stating the railroad can terminate the contract at any time without cause.

The clause caused the city to balk at approving of the agreement.

The city and Smart Homes continue to resolve the issue and Smart Homes is working to install utilities.

While constructing the dry-well storm-water filtration system the crew encountered a problem due to the types of soil and rocks in the ground, Bickler told city council.

As an alternative, Smart Homes proposed using detention ponds for the storm water.

"They came up with a very doable solution, economically and the way it was constructed," Crawford said.

The city engineering department found a better way to handle the situation.

The remaining issues to be resolved are installing the system and getting through the inspection process.

Crawford expects the inspection to go well.

Continued construction of the homes is expected to begin in November.

He said Smart Homes will face the issue of building in the winter time.

Winter slows the construction process and concrete can't be poured in certain weather conditions, he said.

The claim was brought forth to expedite the construction process so Smart Homes could avoid winter construction.

"Like every event, you have to do your very best and deal with the circumstances you have," Crawford said.