Glendale, California (PRWEB) April 03, 2012
The City of Glendale, CA, will receive $4,962,500 from the settlement of a construction defect lawsuit against the general contractor and subcontractors, the architect, and the construction manager involved in the design and construction of Glendale’s Edison Elementary School / Pacific Park Project. The settlement results from a lawsuit (Case No. EC046196) filed in December 2007 in the Superior Court of the State of California, County of Los Angeles – North Central.
The three key defendants in the case are FEDCON General Contractors, Inc.; Leidenfrost Horowitz & Associates / GKK Works architects; and C. W. Driver Contractors, Inc., that served as the construction manager.
When developed in the early 2000’s the Edison Elementary School/Pacific Park Project was considered an innovative use of public land by supporting the shared-use concept of the park, school, library and community center as the “heart” of the surrounding Glendale neighborhoods. The City of Glendale and the Glendale Unified School District have an umbrella master agreement for maintaining and operating the complex as well as its components.
The principal construction defects covered by the legal settlement pertain to damage from substantial water intrusion in the school gymnasium and the public library, according to the suit which was filed on behalf of the city by the law firm of Kasdan Simonds Weber & Vaughan LLP.
The settlement resolves litigation that involved the buckling of the gymnasium flooring caused by water-vapor emissions, leaking roof decking that allowed water to infiltrate directly into the administration rooms on the first floor, and multiple, leaking windows and doors, according to the lawsuit. The defects also included leaks in the community library, leaving drywall and carpeting soaked with water following any substantial rainfall, the lawsuit stated.
Kenneth S. Kasdan, Senior Partner of Kasdan Simonds Weber & Vaughan, said, “This settlement of nearly $5 million vindicates the City of Glendale in a long-fought effort to secure the necessary funds from the design and construction vendors for the repair of these prized educational and community resources. We are most gratified that the children, seniors and all the citizens of Glendale will once again have complete use of the gymnasium and the library as they were promised when the project was opened with great community fanfare nearly 10 years ago.”
Michael Garcia, City Attorney for the City of Glendale, expressed satisfaction with the legal settlement on behalf of city officials and all city residents.
“This settlement is a most welcome outcome for the City of Glendale,” he said. “The key general contractors / construction supervisors and their subcontractors were hired in good faith based on our belief that they were experienced professionals who were committed to performing quality work on what was considered a landmark project for our city and its residents. Unfortunately, we were woefully mistaken and were forced to file a lawsuit to recover funds to repair the multiple construction defects and resulting damage.
“With the resolution of this lawsuit, our children and our community at large will have a gymnasium and a library that they can use without damage or interruption from water intrusion,” Garcia continued. “We are fulfilling a promise we made to our city residents more than decade ago to make this innovative and visionary public project a valuable community asset of which we can all be proud.”
Garcia noted that the city has now received, through the lawsuit settlement, the full cost to repair the facilities, and has held accountable those who charged the city to build and supervise the project, saving the taxpayers from the burden of paying twice. “We have held those responsible for the expense of repair to pay the costs,” he said.
The City of Glendale is in Los Angeles County. Glendale’s population is 191,719, making it the third largest city in Los Angeles County and the 22nd largest city in the state of California.