Store owner blames city for water damage in basement

The dust still hasn't settled on a Victoria Street construction project that ended two years ago.

Cindy Weber has been caught in a crossfire of finger pointing and confusion since 2006.

Weber blames the city for the wet basement at Webco Sports, a business she has owned for 16 years. She said the sporting goods store sprung a leak after extensive roadwork was done outside her building.

She's been battling her insurance company, city hall and the construction company that did the work. Now her insurance company has finally agreed to kick in $30,000 for repairs.

Sewer lines, roads, sidewalks, curbs and lighting on Victoria Street near Duke Street were replaced over the course of two years, beginning in 2005. Excavation was going on less than a metre from Webco.

"This building shook and shook," Weber said in an interview. "I thought machinery was going to come through the window, it was that close."

In February 2006, she noticed water coming into her basement, something she had never seen in the 28 years since the building has been in her family.

"It was pouring in, in five different areas, and coming in behind my electrical panel."

Weber is happy that work was done to improve Victoria Street. "But I just wanted someone to accept responsibility for the damage that was done."

She called city hall immediately after finding the leak, and workers from Steed and Evans, the contractor doing the roadwork, came in and made some repairs in the basement. But the leaks continued.

In 2007, Weber contacted her insurance company. After several inspections of the property, it refused her claim. The company said the damage was caused by the construction work adjacent to her property, so Weber should go after the contractor.

Weber also met with officials from the city and the construction company, and spoke to Mayor Carl Zehr about her problem.

Zehr went to city staff on her behalf to get some answers.

"Technically, we did not have responsibility," Zehr said. "The contractor is responsible for the work and any consequences resulting from that work."

Steed and Evans has turned down Weber's claim, though she says the company hasn't explained why. Jim Hurst, a representative from Steed and Evans, declined to comment.

Buildings are usually inspected before construction begins to check for any pre-existing flaws, said Steve Allen, manager of engineering design and approvals for the City of Kitchener. This pre-inspection did not take place at Webco.

Allen said four letters sent to Weber asking permission for someone to do an interior inspection of her building all went unanswered. But the city does not have records of when those letters were sent, and Weber said she didn't receive them.

There is no official documentation of the condition the building was in before construction began.

"There should be a clarification of that part of the process," Zehr said.

The Victoria Street road reconstruction was plagued with problems.

In October 2005, a crane operated by a subcontractor toppled over and crashed into the Rumpel Felt building, causing $30,000 damage. Manager David Rumpel said he was glad no one was injured in the incident, and repairs were paid for by the subcontractor's insurance.

In November 2005, water started coming into the basement of the Victoria-Duke Office Centre because of storm drains that hadn't been reconnected. Workers from Steed and Evans came in and did repairs, and there have been no water problems since.

Bill Bergen, owner of the building, said the city paid him $3,600 for the damage through the Waterloo Region Municipalities Insurance Pool.

Allen said the city paid Bergen because in that case, the city was at fault.

"Our consultant missed those drains on the plans that were provided to Steed and Evans," he said. "That was the city's responsibility."

James Chmiel, president of Erb and Erb Insurance Brokers, ultimately stepped in and helped Weber get her insurance settlement. But he said the insurance company will try to recoup that money from the city or the contractor.

"There's never been water damage before," Chmiel said. "That may point to some sudden and accidental damage."

Now there's yet another construction project going on at Webco as the repairs to the building are made. The sidewalk is blocked off and dirt is piled high where workers are hand-digging a trench 1.5 metres deep around the building so they can repair its foundation.

There's a musty smell in the basement. Water-stained carpet and panelling will have to be replaced.

Weber wants the city to do something to address what she's been through.

"It was a huge amount of stress," she said. "I'd like an apology for the way I was treated. I'd like a break on my taxes for all my inconvenience.

"The insurance company is paying for everything, and the city is doing jack. And that's not right."

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