Santa JC gets $7.5 million in faulty construction settlement

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Santa JC gets $7.5 million in faulty construction settlement

By LORI A. CARTER

THE PRESS DEMOCRAT

http://www.pressdemocrat.com/article/20090210/ARTICLES/902100208/1350?

Title=Santa__JC_gets__7_5_million_in_faulty_construction_settlemen

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Published: Tuesday, February 10, 2009 at 6:56 p.m.

Last Modified: Tuesday, February 10, 2009 at 7:00 p.m.

Builders and designers of Santa Junior College's health sciences

building have agreed to pay the school $7.5 million to settle a

construction defects lawsuit filed after the windows and exterior

leaked, causing severe moisture and mold problems.

The multi-party settlement --approved by the JC board on Tuesday --

will reimburse the school for its expenses since late 2004 to repair

damage and replace defective windows, flashing and exterior brick and

stucco, said Bart Weitzenbergthe Santa attorney who represented

the junior college.

" In 30 years of construction defects law, this is easily the most

remarkable settlement we've seen, " he said after the board's

vote. " It represents 100 cents on the dollar, full payment of the

JC's claim. " He said it also vindicates the JC's decision to

temporarily fix urgent problems in 2004 and 2005 and then permanently

repair the building last year, all the while keeping the building

open to students and faculty.

The four-story building is named for former SRJC trustee

" Ben " Race and houses classrooms and clinics for 1,200

students in the college's most popular programs, which train nurses,

dental assistants and medical technicians.

It also is home to the student health clinic and has been designated

by Sonoma County as an overflow emergency hospital in case of a

catastrophe.

The building was constructed in 2000 at a cost of $10 million and

opened in 2001. Soon afterward, school officials discovered the

exterior walls were leaking where stucco and the brick veneer met.

Water also began seeping in around the windows, damaging interior

walls and ceilings.

Emergency repairs cost $2.66 million and further fixes will cost $4.1

million, Weitzenberg said. Reconstruction is expected to continue

through this year.

The school filed suit in 2004 against the contractor, JW & Sons of

Petaluma, and architecture firm Mills and . After

further investigation into the problems, the school added stucco

subcontractors Island Plastering, sheet metal installer

Mechanical, American Tile and Brick Veneer, and B & L Glass

Company, which provided the windows.

The brick veneer exterior continued the traditional SRJC

architectural look and has been used on other campus buildings

without problem, school officials said.

" It's not often that you have something that's so glaring, " said

Berry, another of the JC's attorneys. " But when we took the

brick and stucco off the building ... you saw areas where there were

very bad construction techniques, gaps where there should not be

gaps. "

Fixing leaky areas around windows and the water-diverting metal

flashing around them meant removing every window and " massive

quantities of brick and stucco, " Berry said.

Weitzenberg declined to itemize the amounts each construction company

agreed to pay.

The architectural firm's attorney, Mark of San Francisco,

declined to comment on the agreement. Other defense attorneys didn't

return messages left Tuesday evening.

Randy of San Francisco, who represented JW & Sons general

contractors, said the settlement had been in the works for several

months, with help from a judge in San specially appointed to

handle the complex, multi-party case.

" It's a case we thought ought to settle, " he said. " It's fair to say

that everyone admits they had exposure here. Everyone compromised to

reach a settlement. "

Weitzenberg said the leaks were so pervasive the only reasonable

approach was to remove the entire exterior and replace it. " At the

same time, they had to address the mold findings and the damage to

the interior sheetrock and other related problems, " he said.

The school had a certified mold inspection company on site at all

times to assure the building was safe.

The $7.5 million settlement includes full reimbursement for the

school's legal fees, costs, expert witness fees and investigation

costs.