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Incore, Inc. and Architect Firms
Incore, Inc.; Bradley Molina Architects, Inc.: McNiel Roofing and Sheet Metal; Dulaney Exterior Solutions, Inc., Ericstad, and Louis Cruz Architects, Inc. The Edgewood Independent School District filed claimed the companies broke contracts and build a defective auditorium. The school district was awarded $5,775,000 for damages.
Details of the Case:
Breach of contract, negligence, breach of express and implied warranties, and violations of the doctrine of strict products liability against parties involved in the design and construction of a defective 1500 seat auditorium built for Edgewood Independent School District
In 1997, the Edgewood Independent School District ("EISD") contracted with Bradley Molina Architects, Inc. ("Bradley"), an architect, to design and supervise the construction of the Edgewood Fine Arts Auditorium. As the project architect, Bradley drafted design specifications in collaboration with a team that included various engineers chosen by Bradley. Naturally, Bradley's design contemplated an auditorium that, among other things, would effectively keep falling and draining rainwater from infiltrating the interior of the building (where, foreseeably, it could cause water damage and mold contamination to the building and its contents).
The same year, EISD hired a general contractor, Incore, Inc. ("Incore") to construct the Auditorium designed by Bradley and whose construction was to be supervised by Bradley. Incore agreed to locate and hire competent subcontractors to construct portions of the Auditorium for EISD's benefit.
Incore hired McNiel Roofing and Sheet Metal ("McNiel"), a local roofing company, to build the roof on the Auditorium. Incore hired Ericstad, Inc., a local masonry company, to provide and install the masonry products on the Auditorium. Incore hired Dulaney Exterior Solutions, a local waterproofing company, to provide and install the waterproofing to the Auditorium. Because Incore has sued its own subcontractors, EISD brought claims as well.
Over the next two years, the Auditorium was built by Incore and its subcontractors, supposedly to Bradley's specifications and under Bradley's supervision. The Defendants warranted that the construction of the Auditorium was essentially completed in late 1999 and, in early 2000, EISD took occupancy of the Auditorium and attempted to use it for its intended purpose ever since.
Unfortunately, the Auditorium leaked profusely. Falling and draining rainwater entered the building and saturated the ceiling, walls, carpets, electrical system, sound system, seating, window areas, foyer areas and even the performance stage itself, both on the floor and above. The condition got worse with every new rain. Mold was easily visible on the interior and exterior of the building, especially the performance stage area.
All of the Defendants were working for the benefit of EISD, and each warranted to EISD that the services provided were professional grade and of the highest quality. Obviously, this is not true. The workmanship was shoddy and wholly different than as represented to EISD. Mistakes and shortcuts were covered up and hidden from EISD.
The conduct of Defendants caused damages to the building and to the work done by others. The net effect of Defendants' conduct is that a contaminated eyesore now sits where a beautiful, expensive auditorium was to be built. It sits empty, and is unsuitable for any purpose. The conduct of Defendants had to be more than oversight, and was no doubt done knowingly and intentionally. The cost to fix the building was estimated to be in the $3,000,000-$4,000,000 range. (Mar-20-02)
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Details of the Case:
Breach of contract, negligence, breach of express and implied warranties, and violations of the doctrine of strict products liability against parties involved in the design and construction of a defective 1500 seat auditorium built for Edgewood Independent School District
In 1997, the Edgewood Independent School District ("EISD") contracted with Bradley Molina Architects, Inc. ("Bradley"), an architect, to design and supervise the construction of the Edgewood Fine Arts Auditorium. As the project architect, Bradley drafted design specifications in collaboration with a team that included various engineers chosen by Bradley. Naturally, Bradley's design contemplated an auditorium that, among other things, would effectively keep falling and draining rainwater from infiltrating the interior of the building (where, foreseeably, it could cause water damage and mold contamination to the building and its contents).
The same year, EISD hired a general contractor, Incore, Inc. ("Incore") to construct the Auditorium designed by Bradley and whose construction was to be supervised by Bradley. Incore agreed to locate and hire competent subcontractors to construct portions of the Auditorium for EISD's benefit.
Incore hired McNiel Roofing and Sheet Metal ("McNiel"), a local roofing company, to build the roof on the Auditorium. Incore hired Ericstad, Inc., a local masonry company, to provide and install the masonry products on the Auditorium. Incore hired Dulaney Exterior Solutions, a local waterproofing company, to provide and install the waterproofing to the Auditorium. Because Incore has sued its own subcontractors, EISD brought claims as well.
Over the next two years, the Auditorium was built by Incore and its subcontractors, supposedly to Bradley's specifications and under Bradley's supervision. The Defendants warranted that the construction of the Auditorium was essentially completed in late 1999 and, in early 2000, EISD took occupancy of the Auditorium and attempted to use it for its intended purpose ever since.
Unfortunately, the Auditorium leaked profusely. Falling and draining rainwater entered the building and saturated the ceiling, walls, carpets, electrical system, sound system, seating, window areas, foyer areas and even the performance stage itself, both on the floor and above. The condition got worse with every new rain. Mold was easily visible on the interior and exterior of the building, especially the performance stage area.
All of the Defendants were working for the benefit of EISD, and each warranted to EISD that the services provided were professional grade and of the highest quality. Obviously, this is not true. The workmanship was shoddy and wholly different than as represented to EISD. Mistakes and shortcuts were covered up and hidden from EISD.
The conduct of Defendants caused damages to the building and to the work done by others. The net effect of Defendants' conduct is that a contaminated eyesore now sits where a beautiful, expensive auditorium was to be built. It sits empty, and is unsuitable for any purpose. The conduct of Defendants had to be more than oversight, and was no doubt done knowingly and intentionally. The cost to fix the building was estimated to be in the $3,000,000-$4,000,000 range. (Mar-20-02)
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