City's lawsuit claims faults in three of its buildings

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July 14, 2005

LAWRENCE

City's lawsuit claims faults in three of its buildings

http://www.indystar.com/apps/pbcs.dll/article?AID=/20050714/ZONES04/

507140355/1026/ZONES04

By Andy Gammill

andy.gammill@...

Three government buildings in Lawrence -- including the main City

Hall

building -- were built incorrectly and require substantial repairs,

according

to a lawsuit filed by the city.

Some of the repairs already have been made, including mold

remediation,

but the city is seeking damages from several contractors, the

construction

manager and the government holding corporations that technically own

the

buildings.

Consultants found problems with the buildings after employees

complained of being sick in early 2004. An investigation uncovered

" significant mold infestation, " according to the suit.

" The buildings had inadequacies that are significant in different

ways, " said

F. s , an attorney for the city. " We believe the total

damage

is around $300,000. "

Although the suit doesn't detail specific problems except for the

mold, it

claims that repairs have been needed at three buildings:

• The Lawrence Government Center, which was built in 1997 and opened

in 1998. The city says that in addition to the mold problem,

windows,

gutters and downspouts were installed incorrectly. Masonry and

grading at

the site also have problems, says the suit.

• The " pigeon building " or Community Activity Building at 5302 N.

lin Road, which the city bought in 2001 and was previously used

by

a pigeon club. The lawsuit claims ventilation systems and drainage

on the

site were not constructed properly.

• Fire Station No. 3, 4904 N. German Church Road. The lawsuit says

the

building's downspouts, wall joints and insulation are not proper.

At the center of the issue is Micheal Couch, who was construction

manager of the Government Center, according to the lawsuit. He was

sued

individually, as was his company, the Merit Group.

Couch released a written response Wednesday afternoon:

" The mayor has abused the court system by filing a groundless

lawsuit

against Tiburon, Inc., The Merit Group and Micheal Couch, " the

statement

said. " The claims against Tiburon, Merit Group and Micheal Couch are

rubbish and we intend to countersue the city for damaging our good

name. "

Also named in the lawsuit are the Lawrence Government Center

Building

Corp. and the Lawrence Fire Station Building Corp., the holding

companies that own those two buildings.

Both entities are run by former city officials -- including former

Mayor

Schneider -- but have been administratively suspended by the

state government for failing to pay dues required by corporations.

Rees, who represented the two corporations while he was city

attorney of Lawrence, said he is not familiar with the lawsuit.

Rees said the buildings were constructed according to Indiana laws

on

bidding and that architects and engineers supervised the process.

Current City Attorney Stan Hirsch said it has not been determined

whether

his office represents the building corporations. He said they

currently have

no attorney.

Hirsch, who also represents the city in its claim against the

building

corporations, said he does not expect the city to seek money from

them

but had to name them in the lawsuit.

Besides Couch and the building corporations, several other

contractors are

named in the lawsuit.

Call Star reporter Andy Gammill at (317) 444-2607.