Swimmin' hole blues - Elk Grove files construction defect lawsuit against aquatic center contractors



As first reported last week by the Sacramento Business Journal, the City of Elk Grove has filed a lawsuit against contractors involved in the recently opened Elk Grove Aquatics Center.

The lawsuit was filed in Sacramento Superior Court on Monday, July 15 by the city's primary outside counsel, Sacramento-based Kronick, Moskovitz, Tiedemann & Girard. 

The named defendants are Arntz Builders, Willdan Engineering, SWA Sausalito, and Big B Construction. The four entities were involved in various aspect of the construction of swimming facilities - which opened in late May 2019 and was about one year behind schedule - at the city's unnamed civic center facility located near Elk Grove Boulevard.  

Arntz was the general contractor for the $42 million project. Willdan, is the city's public works contractor and large campaign contributor to Elk Grove City Councilmembers. 

Willdan and its subcontractor SWA, provided engineering, design, site development of the civic center, and management of the construction. Big B Construction subcontracted with Arntz for concrete work.

The lawsuit says on September 26, the city told Arntz they "rejected areas of exterior concrete installation due to excess cracking and spalling." The city contends the Arntz and Big B failed "to design the exterior concrete properly" according to specifications.  

Among the causes of action cited in the filing include Willdan did not provide proper concrete design, and Arntz improperly installed concrete. The suit contends each of the defendants "decline to acknowledge their responsibilities to mitigate, repair, or provide consideration for alleged construction defects at the project..." and the city "has incurred significant costs, expenses, and damages..." 

The city is seeking unspecified damage by a jury trial. A conference settlement is scheduled on January 16, 2020, in Department 39 Sacramento Superior Court.

Elk Grove is represented by David W. Tyra and Jennifer A. Weiner. Case number 34-2019-00260554.  

Copyright by Elk Grove News © 2019. All right reserved.



 






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3 comments

Eye on Elk Grove said...

Why on earth do we have four full-time city attorneys at the city of Elk Grove (with the agency's largest departmental salary budget), when we farm out most, of not all, of the city's lawsuits to City Attorney Jon Hobbs' former law firm Kronick, Moskovitz, Tiedemann & Girard?

Josie said...

Elk Grove appears to be slow learners in building Aquatic Centers. No where have I seen mention of an Aquatics Design Firm involved in the process.

Chapter 1 - July, 2015, The City of Elk Grove is seeking more than $500,000 in damages from a contractor hired to build an “Olympic-quality” aquatics center. Zero outcome!

Chapter 2 - July, 2019, The City of Elk Grove has filed a lawsuit against contractors involved in the recently opened Elk Grove Aquatics Center. Info above...

Unknown said...

You report that "The city contends that Arntz and Big B failed to design the exterior concrete properly according to specifications." Whoever wrote this wrong. Neither Arntz or Big B Construction are design engineers. They designed nothing. Wildan and SWA are the design architects and have the sole responsibility of putting out a set of plans and specifications that will work. Sadly they did not. Big B Construction formed and placed the exterior concrete strictly following the plans and specs. The design is flawed (confirmed by three different concrete experts) so, of course, the concrete cracked and spalled. Elk Grove News needs to get it's facts straight. If you would like more information on the illegal activities of the City of Elk Grove, you make call Brian Erickson of Big B Construction, Inc. at 209-380-3285

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