Source: http://www.couriernews.com, August 13, 2011
By: Lindsey Williams
Filing claims architecture firm caused delay in construction at RHS
The construction of Russellville High School’s Center for the Performing Arts has sparked a lawsuit, court documents show.
EWI Inc., the construction manager for the performing arts center project, filed a civil suit Aug. 5 in Pope County Circuit Court against architectural and engineering firm Crafton Tull, its architects Greg Barborek and James Swearingen and its engineer, William M. Bollinger, in reference to the so-called untimely completion of the center.
According to the suit, the center was to be completed by Aug. 9, 2010, under the terms of the construction contract, but in June 2009, “it was discovered that a mistake had been made in the design for the structural steel in Area B of the project that had to be redesigned by (Crafton Tull) in order to make the project structurally sound.”
The suit states that because of the flaw, work in the affected areas was placed on hold until the redesign could be completed and the structural steel refabricated.
EWI attributed this and the delivery of the new steel in December 2009 in a “piecemeal fashion” to losses in worker efficiency and an increase in the cost of construction.
The project’s guaranteed maximum price (GMP) was set at $28.1 million in October 2008. The suit states because of the lost time and increase in costs, the project’s GMP was “eroded,” forcing EWI to pay additional costs.
The complaint also states that Crafton Tull admitted fault with respect to the steel error, but “intentionally and improperly interfered with and disrupted the construction contract between EWI and (the Russellville School District) by failing to compensate EWI for additional time and costs EWI incurred as a result of defendants’ negligence.”
EWI seeks damages in an amount to be determined at trial.
Michael Roys, president of EWI Constructors Inc., gave reason as to why the suit was filed in an interview Friday.
“The decision was made to file this suit because the statute of limitations regarding our relationship with Crafton Tull on this project was running out,” he said. “We look forward to resolving these issues in a timely manner.
“EWI, Crafton Tull and the school district are working closely together to make the Center for the Arts a landmark facility for Russellville and the River Valley region,” he added.
Tom Hopper, chairman of the board for Crafton Tull, said that while he hasn’t actually seen the suit, he isn’t aware of any issues his company caused.
“I understand that there has been a complaint filed, but we haven’t seen it,” he said. “We appreciate the opportunity to work with Russellville School District and specifically on the performing arts center. We work with EWI and officials to produce a facility in a timely manner. We aren’t aware of anything as architects that would put the facility in a delay.”
Russellville Superintendent Randall Williams was unavailable for comment Friday, but sent an email to the school board earlier this week noting the district was not a party to the suit.
Construction on the center began in December 2008. Recent projections predict it will be complete Oct. 31.