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Friday, October 12, 2007
New ICA, ex-builder tangle over construction
Boston Business Journal - by Michelle Hillman Journal staff
The Institute of Contemporary Art has been open for nearly a year but construction on the $51 million project continues today to repair a cracked floor and improperly installed stucco.
Meanwhile, the former and now-defunct contractor, George B.H. Macomber Co., is suing the ICA for $6.6 million it believes it is owed for "extra work" that was not included in the original $36.5 million contract. The lawsuit, filed July 18 in Suffolk Superior Court, does not detail the extra work Macomber performed.
The ICA suffered a series of setbacks including a three-month delay in opening and cost overruns when Macomber began having financial difficulties. To ensure construction, originally scheduled to open last September, would continue uninterrupted, the ICA hired Skanska USA Building Inc. last summer to finish the project. Macomber -- a 103-year-old South Boston construction company -- announced it was closing its doors in January as a result of losses suffered following a construction accident at another Macomber project for Emerson College.
While minor repairs are generally a part of construction projects, the ICA's situation is complicated by the fact that Macomber has shuttered, leaving its bonding company, Travelers Casualty & Surety Co. of America, to hash out any additional costs resulting from project changes. The bond company could not immediately be reached for comment.
The repairs to the floor and exterior of the building are being completed by Skanska and overseen by the New York architects Diller, Scofidio + Renfro.
John D. Macomber, former president of Macomber, declined to comment. The ICA's lawyer, Jeffrey Follett of Foley Hoag LLP and Macomber's attorney, John W. DiNicola II of Holland & Knight LLP, also declined to comment.
In the lawsuit, Macomber, which is suing the ICA for breach of contract, claims the ICA delayed Macomber's work on the project "through various design deficiencies" and changes to the contract. Macomber claims the ICA also "failed and refused to grant Macomber appropriate extensions of time and to equitably adjust the contract price for such delays."
The lawsuit does not specify what time period or deficiencies Macomber is referring to.
The ICA's spokeswoman, Donna Desrochers, confirmed there were errors in the original application of the stucco on the south exterior wall and that there was "natural" cracking in the floor. She said Skanska was completing any necessary repairs and expected the stucco work to be finished next week.
"In any construction project I think there are minor (problems) that may need finishing," she said.
However, the project's architect, Flavio Stigliano, said the ICA is trying to decide how and when to fix the concrete floor in the entryway so it would not disrupt museum operations.
"There has been a problem with the way the concrete, the way the surface texture ended up looking," said Stigliano. "There have been some problems, yes ... not the entire floor but parts of it have cracked."
He said shortly after the floor dried and hardened, strange patterns and cracks appeared. Stigliano said the floor could be fixed by pouring another layer on the surface or re-pouring the entire floor. As for the stucco, Stigliano said water leaks caused the problem. There have been other minor issues that have arisen, such as condensation on one part of the museum's glass wall, which was caused by an air conditioning unit that was not fully operational, but those were taken care of last December, said Stigliano.
Desrochers would not disclose how much the repairs cost. She also declined to comment on the lawsuit.
It was unclear from the lawsuit and interviews whether Macomber was involved with the project when the problems arose with the floors and stucco. However, Stigliano said the ultimate responsibility falls on the construction company, not the architect, since the deficiencies are not design problems.
"I would go to the contractor," said Stigliano.
Source: http://www.bizjournals.com/boston/stories/2007/10/15/story3.html?b=1192420800^1533874
New ICA, ex-builder tangle over construction
Boston Business Journal - by Michelle Hillman Journal staff
The Institute of Contemporary Art has been open for nearly a year but construction on the $51 million project continues today to repair a cracked floor and improperly installed stucco.
Meanwhile, the former and now-defunct contractor, George B.H. Macomber Co., is suing the ICA for $6.6 million it believes it is owed for "extra work" that was not included in the original $36.5 million contract. The lawsuit, filed July 18 in Suffolk Superior Court, does not detail the extra work Macomber performed.
The ICA suffered a series of setbacks including a three-month delay in opening and cost overruns when Macomber began having financial difficulties. To ensure construction, originally scheduled to open last September, would continue uninterrupted, the ICA hired Skanska USA Building Inc. last summer to finish the project. Macomber -- a 103-year-old South Boston construction company -- announced it was closing its doors in January as a result of losses suffered following a construction accident at another Macomber project for Emerson College.
While minor repairs are generally a part of construction projects, the ICA's situation is complicated by the fact that Macomber has shuttered, leaving its bonding company, Travelers Casualty & Surety Co. of America, to hash out any additional costs resulting from project changes. The bond company could not immediately be reached for comment.
The repairs to the floor and exterior of the building are being completed by Skanska and overseen by the New York architects Diller, Scofidio + Renfro.
John D. Macomber, former president of Macomber, declined to comment. The ICA's lawyer, Jeffrey Follett of Foley Hoag LLP and Macomber's attorney, John W. DiNicola II of Holland & Knight LLP, also declined to comment.
In the lawsuit, Macomber, which is suing the ICA for breach of contract, claims the ICA delayed Macomber's work on the project "through various design deficiencies" and changes to the contract. Macomber claims the ICA also "failed and refused to grant Macomber appropriate extensions of time and to equitably adjust the contract price for such delays."
The lawsuit does not specify what time period or deficiencies Macomber is referring to.
The ICA's spokeswoman, Donna Desrochers, confirmed there were errors in the original application of the stucco on the south exterior wall and that there was "natural" cracking in the floor. She said Skanska was completing any necessary repairs and expected the stucco work to be finished next week.
"In any construction project I think there are minor (problems) that may need finishing," she said.
However, the project's architect, Flavio Stigliano, said the ICA is trying to decide how and when to fix the concrete floor in the entryway so it would not disrupt museum operations.
"There has been a problem with the way the concrete, the way the surface texture ended up looking," said Stigliano. "There have been some problems, yes ... not the entire floor but parts of it have cracked."
He said shortly after the floor dried and hardened, strange patterns and cracks appeared. Stigliano said the floor could be fixed by pouring another layer on the surface or re-pouring the entire floor. As for the stucco, Stigliano said water leaks caused the problem. There have been other minor issues that have arisen, such as condensation on one part of the museum's glass wall, which was caused by an air conditioning unit that was not fully operational, but those were taken care of last December, said Stigliano.
Desrochers would not disclose how much the repairs cost. She also declined to comment on the lawsuit.
It was unclear from the lawsuit and interviews whether Macomber was involved with the project when the problems arose with the floors and stucco. However, Stigliano said the ultimate responsibility falls on the construction company, not the architect, since the deficiencies are not design problems.
"I would go to the contractor," said Stigliano.
Source: http://www.bizjournals.com/boston/stories/2007/10/15/story3.html?b=1192420800^1533874