NCCU mold brings lawsuits

[Guest guest]

NCCU mold brings lawsuits

By Hunter : The Herald-Sun

hlewis@...

Aug 2, 2004 : 10:07 pm ET

DURHAM -- The state Attorney General's Office has sued four of the

five contractors it blames for faulty construction and the toxic mold

that shuttered two N.C. Central University dormitories in 2003.

At stake in the two suits filed Monday is roughly $7 million that the

state spent to renovate the New Residence Halls I and II, which will

reopen for NCCU students later this month.

The lawsuits come amid a flurry of allegations from both sides and

after two of the four contractors -- Durham-based -Durham

Electric Co. and Pineville-based Cam-Ful Industries -- filed

countersuits against NCCU and the state.

The suits and countersuits were prompted by June 2 letters from the

Attorney General's Office to the four dorm contractors and the chief

architectural firm, Gantt Huberman Associates of Charlotte.

A state investigation found all five parties responsible for the mold

and related moisture damage in the dorms and threatened legal action

if the contractors and architect did not meet to negotiate a

resolution.

The letters also state that the investigation found faulty design and

construction that was unrelated to the mold infestation in the

dormitories.

Gantt Huberman Associates PLLC, run by former Charlotte mayor and one-

time U.S. Senate candidate Harvey Gantt, was the only contractor that

agreed to meet and sign an agreement essentially freezing the statute

of limitations by which the state can sue, said Noelle Talley,

spokeswoman for Attorney General Roy .

" The UNC System has chosen to pursue lawsuits against the four

contractors that declined to sign an agreement to freeze the statute

of limitations while talks were under way, " Talley wrote in an e-

mail.

Talley could not be reached for additional comment.

One lawsuit, against -Durham, states that the electrical

company signed a contract with the state in 1996 and finished work on

the building in 1998. According to the lawsuit, the company

incorrectly installed and wired the fire and smoke detectors.

The other lawsuit, which names Cam-Ful, R.K. & Son and

Atlantic Coast Mechanical as co-defendants, alleges that showers and

toilets were improperly installed, among other claims. The shoddy

construction not only led to moisture buildup and eventual mold, the

lawsuit states, but also created a fire hazard.

R.K. & Son served as the general contractor, and Atlantic

Coast Mechanical installed the heating, ventilation and air-

conditioning system.

" These and other shower defects allowed moisture to infiltrate

continuously and damage the surrounding structure and building

systems, resulting in hidden water damage and in hidden mold growth, "

the suit states.

But Cam-Ful Industries claims NCCU officials should have known about

construction problems in 1999, when a series of university memos

outlined construction defects. And the state has not identified any

particular plumbing leaks that were a source of the moisture or mold,

according to Cam-Ful's lawsuit against the state.

-Durham, meanwhile, claims the state refused to provide

information that would allow the company to defend itself against

allegations that fire alarm systems were improperly installed in the

two dormitories.

The company also named McGeever & Associates, a Clayton-based firm,

as a co-defendant in its lawsuit. -Durham claims McGeever

supplied and certified the fire alarm system before the electrical

contractor installed it.