City of Marshall Legal Review

📅 Timeline of Events

This section will list verified, dated events pulled from email and supporting documentation. Each will be tagged and link to supporting evidence or attachments.

Example: 2024-02-11 – 🚨 Flood event, HVAC flooded after sidewalk removal.

Feb 11, 2024: Major flood in building due to sidewalk demolition – sump pumps used for emergency mitigation.
Feb 12–13, 2024: Contacted city and foreman – received inadequate mitigation support.
Weeks following: City delayed providing insurance info, agent refused to notify insurer.
June 2024: Engineer report believed complete but withheld until Sept 2024.
Sept 2024: User forced to return to work; claim and repair progress stalled.

🔍 AI Objective Summary – First 50 Emails Reviewed

This summary was generated by AI after reviewing the first 50 emails in the dataset. It reflects an independent overview of communication related to the City of Marshall construction project and resulting property and business disruptions.

📉 Retailers reported severe losses in revenue due to long-term street closures and barricades.
⚠️ Communication issues and lack of predictability in construction schedules disrupted business planning.
🚨 Multiple reports of property flooding, HVAC damage, and emergency mitigation efforts by owners.
🛑 City acknowledged delays, storm drain surprises, and contractor schedule problems in public updates.
🗣️ Community members and business owners expressed increasing frustration and documented financial/physical harm.

📬 Emails 51–100 – Retail Impact, COA, and Timeline Divergence

🧱 Construction nearing completion while unresolved damage remains.
📉 Retailers continue reporting serious walk-in traffic loss.
📜 Larry proactively engages with COA compliance and repair planning.
⚠️ City's updates omit any mention of prior damage or claims.

📬 Emails 101–150 – Public Objection to Project Completion

🗣️ Marcial Avelar publicly opposes project acceptance as 'complete.'
🚨 Water intrusion concerns remain unresolved on west side.
📢 Strong third-party confirmation of ongoing impact and dissatisfaction.

📬 Emails 151–200 – Insurance Obstruction Confirmed

⛔ Agency refused to submit claim without contractor permission.
📧 Larry repeatedly requested insurer contact details in good faith.
📂 Clear record of delays and deflection by Bockmon's office.

📬 Emails 201–250 – Waterproofing & Electrical Safety Responsibility

⚡ Larry raised concerns about electrical service grounding wire disconnection.
🧰 Also requested board trimming to waterproof foundation before rain.
🏛️ City deferred responsibility to Casey Slone for grounding issue.

📬 Emails 251–300 – Adjuster Switch & Continued Claim Stagnation

🔁 Claim transferred again to Shari Bradix at CNA.
📋 Larry noted CNA had not sent promised question list.
📌 Demonstrates continued good faith by Larry despite excessive delay.

📬 Emails 301–400 – Adjuster Delay, Engineer Scope, and City Correspondence

🕒 Multiple follow-ups to CNA adjuster Shari Bradix with no response.
🛠️ Larry initiates research into an independent engineer due to CNA's inaction.
📄 Larry formally requests copies of all correspondence submitted by Eric Powell to engineer, insurer, and contractor.
⚠️ Strong implication that City Engineer may have influenced the forensic report behind the scenes.

📎 Key Legal Exhibits – Top 15 Emails with Annotations

May 7, 2024 — Larry Watts → Shari Bradix (CNA) — [EXTERNAL] Re: Our Insured: Casey Slone
📝 Larry requests status update, questions, and next steps after claim handoff.
⚖️ Shows good faith effort and starts documentation of CNA delay.
May 7, 2024 — Larry Watts → CNA — [EXTERNAL] Re: Our Insured: Casey Slone
📝 Follow-up message reiterating same concerns.
⚖️ Demonstrates ongoing breakdown in communication and need for persistence.
May 21, 2024 — Larry Watts → CNA — Re: Engineer Scope and Report
📝 Request for engineer scope and clarification.
⚖️ CNA delay highlighted again with Larry seeking movement toward resolution.
May 7, 2024 — Larry Watts → CNA — Engineer Scope Follow-Up
📝 Initiates search for independent engineer due to confusion over CNA's scope.
⚖️ Shows mitigation attempts and mistrust in biased process.
May 20, 2024 — Larry Watts → CNA — Claim Timeline and Confusion
📝 Addresses mitigation delays and reiterates confusion caused by claim stagnation.
⚖️ Evidence that delays impacted Larry's ability to act quickly.
May 11, 2024 — Larry Watts → CNA — Independent Engineer Confirmation
📝 Follows up with intent to get neutral evaluation after scope confusion.
⚖️ Critical support for argument CNA misled or restricted scope.
Sept 4, 2024 — Larry Watts → Eric Powell — Request for Engineer Communications
📝 Formally requests all messages Powell submitted to engineer or insurer.
⚖️ Supports argument for behind-the-scenes influence and lack of transparency.
Sept 6, 2024 — Larry Watts → Eric Powell — Formal Follow-Up Request
📝 Follow-up requesting same documents, willing to use formal channels.
⚖️ Demonstrates legal diligence and persistent pursuit of documentation.
April 12, 2024 — Danny Bockmon → Larry Watts — Refusal to File Claim
📝 Agent refuses to file claim without contractor permission.
⚖️ Potential regulatory violation, major delay trigger.
April 11, 2024 — Larry Watts → Kelly Lester — Request for Claim Info
📝 Formal request for claim numbers and contact details.
⚖️ Start of the paper trail proving good faith and insurance obstruction.
April 25, 2024 — Larry Watts → Eric Powell — Waterproofing and Electrical
📝 Seeks permission and clarity after observing site safety issue.
⚖️ Raises concern about contractor error and damage prevention.
April 25, 2024 — Eric Powell → Larry Watts — Contractor Liability
📝 City defers responsibility to contractor for electrical grounding.
⚖️ Indicates city recognition of potential contractor damage.
Aug 27, 2024 — Shari Bradix (CNA) → Larry Watts — Engineer Report Delivered
📝 Engineer report finally sent months after request.
⚖️ Proves late delivery and sets timeline of withheld evidence.
Sept 13, 2024 — Shari Bradix (CNA) → Larry Watts — Follow-Up for A/C Unit Info
📝 Asks again for info after report was delivered.
⚖️ Shows ongoing delays and continued issues post-report.
Jan 6, 2025 — Nikki Smith → Larry Watts — Public Records Delivery
📝 Confirms delivery of 92 documents from city records request.
⚖️ Validates formal record collection efforts and transparency.

📂 Findings from City of Marshall Public Records Request

Doc_1166 — Flooding & Foundation Damage to 303 N. Washington
📝 Documents show over 8" of water intrusion, jackhammered foundation, and broken sewer line that was covered instead of repaired. Confirms property was severely impacted by the streetscape project.
⚖️ Tags: Negligence, Property Damage, Safety Violation, Misrepresentation
Docs_729–737 — Hayes Engineering & Eric Powell Joint Project Roles
📝 Hayes Engineering and Eric Powell are listed jointly in project oversight roles, contradicting claims Powell was not involved with the engineer. Supports potential conflict of interest.
⚖️ Tags: Conflict of Interest, Potential Bias, Transparency Failure
Docs_076, 077, 850 — Change Orders & Project Timeline Extensions
📝 Documents reveal multiple change orders and amended deadlines, extending construction duration. May conflict with the City’s public statements about project timelines.
⚖️ Tags: Misrepresentation, Failure to Disclose, Delay Obfuscation
Docs_173–175, 231–237 — Stormwater Redesigns, ADA Adjustments
📝 Storm drains, grading, and ADA ramps were altered. Documents suggest these changes directly affected water flow in the project zone, including near your building.
⚖️ Tags: Liability for Flooding, ADA Mismanagement, Failure to Protect
Docs_185, 237, 241, 255 — Cost Tracking & Damage Scope
📝 Financial documents confirm awareness of affected zones, materials, and utility disruptions. Your location is within scope of this work, proving foreseeability of potential damage.
⚖️ Tags: Damage Foreseeability, Budget vs. Reality, Public Record Consistency

📄 CNA Engineer Report Summary – Daniel Treppel (J.S. Held)

✅ Confirmed Findings Related to Construction:

🧱 Brick Damage (Wainscot): Confirmed caused by construction. Disagrees with full removal, recommends repair instead.
🌊 Interior Water Intrusion: Confirmed caused by construction. Denies it caused the cracked concrete beam.
❄️ A/C Unit Damage: Most probable damage outcome due to flooding. Unit removed before inspection.
🧻 Sewer Line Break: Confirmed caused by construction, but states plans did not show the sewer line location.

⚠️ Legal Contradictions & Leverage Points:

Engineer Independence: Reviewed materials from Eric Powell, Hayes Engineering, and CSC – contradicts claim of impartiality.
Beam Crack Analysis: Concludes the crack pre-dated flood based on rounded edges and concrete composition – speculative.
Drainage Responsibility: Acknowledges failure to protect site with proper drainage controls – confirms negligence.
Repair Recommendations: Claims brick repair would suffice – could reflect CNA cost containment rather than structural necessity.

📄 CNA Supplemental Engineer Report – Sewer Line Reversal (July 23, 2024)

Daniel Treppel (J.S. Held) issued a supplemental report reversing his original conclusion about the cause of the sewer line damage at 303 N. Washington Avenue.

The initial report (June 27, 2024) confirmed that CSC caused the sewer line break. However, the supplemental report (July 23, 2024) states that CSC was not responsible.

This reversal was based entirely on post-report emails and photographs provided by contractor Casey Slone and City Engineer Eric Powell — with no formal timestamp, inspection, or third-party verification.

Treppel admits in writing that this material was received *after* his initial conclusions and issued the reversal solely on this informal correspondence.

⚠️ Legal Red Flags from the Supplemental Report:

❗ Engineer changed conclusion based on emails from parties with direct liability exposure.
❗ No new on-site investigation or physical evidence — just photographs and anecdotes.
❗ Powell's email lacks a timestamp and does not appear to be part of the original record.
❗ Initial report used your photographs; supplemental uses those from CSC and Powell.
❗ City admitted they repaired the line — confirming involvement, not neutrality.

📄 Contradictions & Concealment – Powell's Email and CNA's Reversal

Eric Powell told the property owner and other business owners directly that he was not legally permitted to provide an assessment of the cause or who was responsible for the sewer line damage. However, in the supplemental CNA engineer report, Powell's assessment was clearly provided and was used as the basis for reversing a previously confirmed finding of contractor-caused damage.

Powell's statements about the nature of the sewer break are demonstrably false. Photographs provided by the owner show the pipe was crushed—not misaligned or obstructed at a junction. The break occurred in a straight section of pipe, not at an intersection, and the 'pipe-in-pipe' theory does not apply here. All properties on that block use 4" to 6" transitions — this is not a defect.

The report's new conclusion is based on informal emails exchanged privately between Powell and contractor Casey Slone—emails which were never disclosed through the public records process. Powell was fully aware of the public records request, which specifically asked for all of his communications related to the property. Any omission of this email raises concerns of intentional concealment.

Furthermore, Powell was directly involved in the replacement of the broken sewer line. The property owner provided all materials and worked with Powell’s team to complete the repair. Powell and his staff saw firsthand how the pipe was damaged, and any attempt to recharacterize the cause—especially behind closed doors—is in direct conflict with what he observed.

While this summary remains objective and evidence-focused, the Powell email included in the CNA engineer’s supplemental report must be treated as knowingly false and misleading. It contradicted Powell’s own conduct, omitted firsthand knowledge of the actual pipe break, and misled a forensic engineer into reversing a professionally observed conclusion.

📄 Independent Engineer Report – Paige Yohn, P.E. (CTR Engineering)

An independent engineer report was provided by Paige Yohn, P.E., of CTR Engineering. This report was commissioned by a neighboring business owner and not affiliated with Larry Watts. As such, it offers impartial support for several issues raised throughout this case.

While the report does not speak directly to the specific damages at 303 N. Washington Avenue (e.g., sewer line, flooding, or A/C damage), it does clearly highlight issues of workmanship and contractor performance at the site.

The engineer independently concluded that the contractor's work on the project did not meet professional standards. This aligns with observations and complaints made by multiple affected business owners, including Larry Watts.

This third-party corroboration from an outside source strengthens the broader claim that contractor negligence and mismanagement were systemic and not isolated to a single property.

🧾 Legal Review Portal – Damage Claim Against City of Marshall

1️⃣ Current Summary