Pitt suing over Petersen problems

As a result of numerous alleged design- and construction-related problems, Pitt recently… As a result of numerous alleged design- and construction-related problems, Pitt recently announced that the University, along with Pennsylvania’s Department of General Services (DGS), has sued the architects and roofing contractors of the Petersen Events Center.

Some of the issues cited against the architects in the Apostolou Associates of Mt.Washington/Rosser International of Atlanta suit include problems with food court roll gates and hood exhaust, revolving doors, kitchen space, the hydrospa area, a referees room, a first-aid room, the ticket office, domestic hot water, removable stairs, a sprinkler system, insulation, escalators and communications wiring. These problems have all either been repaired or will soon be repaired at the expense of the University.

Other problems listed in the Apostolou/Rosser suit concern heating, temperature control through the ventilation and air conditioning system, an inability to operate equipment as designed, pipe failures, freezing lines and mechanical access, the lighting design and green space drainage. These problems have yet to be repaired.

“Apostolou/Rosser breached its contractual obligations by performing its work in a defective, inadequate and untimely manner,” alleged the University, according to the suit. “All of the resultant losses, damages and injuries were the direct and proximate result of the negligence, carelessness and recklessness of Apostlou/Rosser.”

The suit states that among other problems, Apostolou/Rosser committed numerous design errors; prepared and issued contract documents in an incomplete, improper and untimely manner; and failed to monitor, control, schedule, coordinate, and/or supervise its own subcontractors and/or consultants.

“I believe there is a reasonable basis to conclude that the care, skill or knowledge exercised by Apostolou Associates/Rosser International Inc., with respect to the matters set forth in the complaint, fell outside acceptable professional standards, and that this conduct was a cause in bringing about the harm and damages enumerated in the complaint,” Associate Vice Chancellor Ana M. Guzman said in a letter to attorney Charles B. Gibbons on Dec. 17, 2004.

The University stated in the suit that the dome roof of the Petersen Events Center has developed leaks caused by more than 200 holes on its north and south sides.

The steel and aluminum roofing work was done by G’W Roofing and Construction of Eighty Four, Pa., Morin Corp. of Bristol, Ct., and Havens Steel Co. of Kansas City, Mo.

According to the University Times, Havens filed for Chapter 11 bankruptcy last June. The company is cited, but not named as a defendant.

“G’W breached its contractual obligations by failing to adhere to the contract specifications, and by performing its work in a flawed, defective, improper and inadequate manner,” the suit stated.

The suit alleges that G’W performed the required work in a deficient manner. It also states that they used poor workmanship, furnished and installed defective material, and failed to discover, correct and/or repair its deficient workmanship.

Both of the lawsuits were filed Dec. 30 in the Allegheny County Court of Common Pleas. They each request at least $25,000 — in addition to legal fees — for each count cited in the suits. There are four counts in the Apostolou/Rosser case and seven in the G’W/Morin suit.

Pitt professor Fil Hearn said that although construction mishaps do occur, they are not very common occur only “rarely on the scale described [in the Pittsburgh Post-Gazette] regarding the Petersen Events Center.”

“Although, in principle, architects are liable for any mistakes in their designs, the usual practice in designing a large public facility is for the architects to hire an engineering firm on a consulting basis to check over and vouch for the safety and durability of their structural design,” Hearn said. “Or they may hire the engineers to be in on devising the structural design in the first place. Then, if anything goes wrong, it is the engineering firm that is liable.”

Pitt Vice Chancellor for Public Affairs Robert Hill said, “The University’s position is spelled out in its legal filing. We will not comment beyond what is stated in the complaint.”