State Pressed Contractor On Hinsdale Flooding: Records

HINSDALE, IL — Hinsdale is getting reports these days that residents are reaching settlements with an Illinois Tollway contractor for flooding in late June. But it took a lot longer than officials expected.

Through a public records request, Patch obtained correspondence from the village related to the June 26 flooding in northeastern Hinsdale.

In an Aug. 17 letter to Walsh Construction, the Illinois Tollway said the company failed to comply with construction requirements and specifications for the Interstate 294 expansion project.

The agency said Walsh created an obstruction that impeded the flow of water, thus causing the flooding. In the letter, the Illinois Tollway said it had previously notified Walsh of the issues nearly a month earlier.

The Illinois Tollway alerted Walsh to a contractual provision that allowed the agency to reimburse residents for flooding damage and then deduct the money from any due to the contractor.

Officials expected Walsh to take action by Sept. 30, but it did not.

In an Oct. 8 letter to the Illinois Tollway, Village President Tom Cauley said residents were led to believe they would receive compensation in 60 days, but it had been more than 90 days and claims had yet to be paid. He called the situation "unacceptable."

"We expect that Walsh Construction and/or the Tollway meet their responsibility and immediately compensate Hinsdale residents in the Flood Damaged Areas for the flood-related damage that they suffered," Cauley said.

A few days later, the Illinois Tollway's general counsel, Kathleen Pasulka-Brown, wrote Walsh in a letter that the company had told the agency it would fulfill its contractual obligations by Sept. 30.

"Walsh failed to satisfy this commitment, and to date, Walsh has not fulfilled its contractual obligations," Pasulka-Brown wrote.

As a result, the lawyer said, the agency would begin evaluating the claims itself and then seek to enforce its contractual rights against Walsh.

A day later, resident John Bloomfield emailed the village manager to report that Walsh had met with residents the previous night. This was about a week after village officials and residents expressed concerns about the lack of compensation at a Village Board meeting.

"They've hired an independent hydrologist that has already started," Bloomfield wrote.

He said the company indicated it hoped to have payout figures by the first and second weeks of November and wrap up the process by year's end.

"They were empathetic and said they had made mistakes," Bloomfield said. "The proof will be in the follow through."

The correspondence from the village did not include any responses from Walsh. A company executive involved in the process could not be reached for immediate comment.

Patch has also filed a public records request for documents from the Illinois Tollway, which may provide its correspondence from Walsh.

Two days after the flooding, the village notified the Illinois Tollway and blamed the problem on the contractor's activities.

At last week's Village Board meeting, Village Manager Kathleen Gargano said the village was receiving updates from Walsh Construction on its settlements with some affected residents.

"So far, it seems to be progressing positively," she said.