Tampa judge, clerk dispute feds over court repairs

[Guest guest]

Tampa judge, clerk dispute feds over court repairs

By R. Levesque, Times Staff Writer

In Print: Sunday, January 30, 2011

http://www.tampabay.com/news/courts/tampa-judge-clerk-dispute-feds-over-court-re\

pairs/1148505

TAMPA — As much as anyone since the 1998 opening of the federal courthouse in

downtown Tampa, Judge Kovachevich has endured the building's endless

parade of problems.

Things always seem to be broken, leaking or closed for repairs at her 17th-floor

office and courtroom.

This month alone, there have been these issues: Public restrooms are closed a

week before a major trial. The thermostat is kept low to lessen mold. Still, the

judge and others suffer physical reactions. Courtroom lights cannot be dimmed to

see projected exhibits.

Of the building's landlord, the General Services Administration, Kovachevich

bluntly said, " They don't care. "

Interviews last week with Kovachevich and one of her law clerks provide a

glimpse of the anger and frustration of those who work in the Sam M. Gibbons

U.S. Courthouse. The building is now undergoing $39 million in repairs and

upgrades — nearly half the $85 million it cost to build the place.

And they call into question the GSA's insistence that mold and mildew problems

have been eliminated.

Meanwhile, the general contractor that built the courthouse says it previously

offered to work with the GSA to address repairs but was rebuffed by the agency.

" This is an unending nightmare, " said Kovachevich, former chief judge of the

Middle District of Florida. " It will not stop. We've lost functional capability.

I'm not talking aesthetics. I just want things to work so I can function as a

U.S. District Court judge. "

A Jan. 22 St. sburg Times story noted costly repairs are now under way to

fix leaky windows or window frames that judges say were installed backward.

Every window in the 17-floor building must be reset.

Workers repairing windows soon noticed insulation to prevent fire and smoke from

spreading between floors was missing in places, a $3.5 million fix.

" Every step forward, they run into obstacles they did not expect, " Kovachevich

said. " Alterations and repairs have to be made over and over and over again

after they say it's all done. "

• • •

A GSA spokesman said Friday mold and mildew problems that had plagued the

courthouse for years and caused illness have been eliminated. The GSA has not

received complaints of illness in the last six months, a spokesman said.

" Once the moisture intrusion has been stopped and (repairs) completed, the

moisture necessary for mold growth is no longer present and the mold is unable

to form, " the GSA said in a statement.

Sherrill Newton, Kovachevich's senior law clerk, doesn't buy it.

" I was very surprised to hear that we are all healthy and healed now, " said

Newton. Both she and Kovachevich say they still have physical reactions they

believe are tied to mold and mildew.

Kovachevich said she occasionally suffers an allergic reaction to mold causing

headaches and a skin breakout. Her last reaction came in December.

" The mold grows in the office, " she said. " They try to wipe it off, but it still

grows. "

Newton said a doctor has linked her physical reactions to the building. She said

she suffers coughs, sneezing fits, eye irritation and even nosebleeds that occur

only in the building.

Newton said symptoms used to abate when she left work for a few days. But now,

they seem to be with her constantly. She can't leave her job to seek relief.

" I've got 24 years in, " Newton said. " Do I end my career over my health? "

The GSA has been accused of lax oversight of construction, but it places much of

the blame on the Construction Group.

Of the leaky windows, the GSA said it " has concluded the majority of the

problems are the result of poor workmanship and fabrication. "

The GSA said, " It is important to note that while GSA provided a site presence,

the primary responsibility for quality control and assurance lies with the

general contractor. "

officials say they are not to blame. The architect and the GSA conducted

numerous inspections during construction and accepted the building for

occupancy, the company said.

• • •

Sid Jordan, chief of 's northern and southern divisions, said in a

statement Saturday that offered to jointly retain an independent

engineering firm with the GSA to inspect the building and develop a repair plan.

But Jordan said the GSA proceeded without 's help. GSA officials could not

be reached to comment on that issue.

" As a result, was not given an opportunity to observe the work as it went

forward, and therefore we are unaware of what GSA found, " Jordan said.

What makes repairs especially hard to stomach for those who work in the building

is the fact that the judiciary pays $5.3 million a year in rent to the GSA.

The GSA also insists the windows are defective, but not installed backward.

Baloney, said Kovachevich.

She recalled GSA regional administrator Ed Fielder telling court officials in a

meeting about 10 years ago windows were installed backward. Fielder did not

return calls seeking comment.

" That's the terminology they used, " the judge said. " I'm sure he'd remember.

It's not something that happens every day in the construction business. "

R. Levesque can be reached at levesque@... or (813) 226-3432.

[Last modified: Jan 29, 2011 08:34 PM]

[Guest guest]

It's no wonder this country is in trouble. $39M to FIX a building?

Burn the thing down and rebuild at a reasonable cost. Wonder what

percentage of that goes to greasy palms? Does anyone ever call for

budgetary transparency?

Barth

www.presenting.net/sbs/sbs.html

SUBMIT YOUR DOCTOR: www.presenting.net/sbs/molddoctors.html

---

K> Tampa judge, clerk dispute feds over court repairs

K> By R. Levesque, Times Staff Writer

K> In Print: Sunday, January 30, 2011

K>

http://www.tampabay.com/news/courts/tampa-judge-clerk-dispute-feds-over-court-re\

pairs/1148505

K> TAMPA — As much as anyone since the 1998 opening of the federal courthouse in

downtown Tampa, Judge Kovachevich has endured the building's endless

parade of problems.

K> Things always seem to be broken, leaking or closed for repairs at her

17th-floor office and courtroom.

K> This month alone, there have been these issues: Public restrooms are closed a

week before a major trial. The thermostat is kept low to lessen mold. Still, the

judge and others suffer physical

K> reactions. Courtroom lights cannot be dimmed to see projected exhibits.

K> Of the building's landlord, the General Services Administration, Kovachevich

bluntly said, " They don't care. "

K> Interviews last week with Kovachevich and one of her law clerks provide a

glimpse of the anger and frustration of those who work in

[Guest guest]

Wow that is about the 4th courthouse in Florida with water damage/ microbial

growth.

>

> Tampa judge, clerk dispute feds over court repairs

> By R. Levesque, Times Staff Writer

>