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Spokane, Washington  Est. May 19, 1883

Suit alleges shaking damaged man’s home

Taryn Brodwater Staff writer

A Coeur d’Alene man is suing the Coeur d’Alene School District and two contractors for alleged damages to his home from vibrations caused by machinery during a 2003 remodel of Project CDA.

Wayne Wallace is seeking an unspecified amount to repair alleged damages to the foundation, windows, footings and slab floor of his home at 1624 N. 8th St.

According to the suit, Peck and Peck Excavating and Contractors Northwest Inc. were excavating a ditch for water and sewer lines that went past Wallace’s home, which is located next to the district’s alternative school.

As those ditches were filled, the suit alleges, “the tremendous pounding and vibrating from the compacting equipment violently shook Wallace’s home.” The vibrations allegedly caused the house’s foundation to crack and possibly damaged the footings and slab floor.

Wallace alleges that the grids in his windows were also loosened because of the vibrations.

In addition, the lawsuit says the pounding and vibration caused Wallace “considerable discomfort.”

Peck and Peck hadn’t received a copy of the lawsuit Monday and declined comment. Contractors Northwest could not be reached for comment.The Coeur d’Alene School District received a tort claim from Wallace in late January 2004 – about five months after the damage allegedly occurred. School district clerk Fran Bischof said the school board tabled the tort claim, allowing the matter to go to court.

According to the suit, Wallace asked the school district and the contractors to stop the compaction work and he informed them that the work was damaging his home. The suit says the compaction continued for about two weeks.

Wallace alleges that the district and the companies failed to “perform adequate studies … including vibration studies before doing the work,” that they should have used smaller equipment, and that they improperly planned and supervised the work.