The Wood River Community YMCA is alleging construction defects in a $1 million lawsuit filed against the architect and the construction contractor for the its new building in Ketchum.
Ketchum attorney Edward Lawson filed the lawsuit on behalf of the YMCA on May 29 in Blaine County 5th District Court. Named as defendants are Sink Combs Dethlefs, an architectural firm headquartered in Denver, and Okland Construction Co., a Utah corporation with an office in Ketchum.
The suit alleges that the architectural firm and the construction contractor breached their contracts and were negligent in design and construction of the 55,000-square-foot facility on Saddle Road.
A telephone call for comment to Sink Combs Dethlefs was not returned to the Idaho Mountain Express by press deadline on Tuesday. Ben Petzinger, manager of the Ketchum office of Okland Construction, said the company has no comment at this time.
The suit alleges that "the facility has suffered roof leaks and other water penetrations, cracks and faults in the exterior finish and an inability to maintain proper interior temperatures and humidity levels." It also alleges that the facility has roofing and pool deck problems and has painting, sheet rock and stainless steel defects.
The suit claims that correctional changes have been required for "doors and window frames, mechanical louvers, trim pieces, temperature sensors, mechanical piping and components and other numerous aspects of the facility."
Construction was started on the $22 million facility in 2006 following a 10-year community fundraising effort. It was opened to the public in November 2007.
The YMCA alleges in the suit that past attempts to negotiate settlement have been unsuccessful with both Sink Combs Dethlefs and Okland Construction.
"The YMCA has made repeated, protracted efforts to notify defendants of the problems with the facility and reach some agreement on a proposed solution," the suit states. "The YMCA has provided defendants full access to the facility to investigate and remediate the defects and defendants have failed to do so."
The YMCA further claims that attempts to mediate that problem have yet to materialize because Sink Combs Dethlefs and Okland Construction "have failed to agree among themselves on a single mediator to mediate this dispute amongst the parties."
The YMCA is asking the court to order mediation. If that fails, the YMCA is asking that damages be awarded and reasonable attorney fees be paid. YMCA has further demanded a jury trial.
Terry Smith: tsmith@mtexpress.com
