Redmond district settles roof suit
Published 4:00 am Thursday, November 15, 2012
REDMOND — The Redmond School District voted unanimously Wednesday night to accept $900,000 to settle its lawsuit against the general contractor for Elton Gregory Middle School, a northwest Redmond building with that has had roof leaks since it opened in 2005.
The settlement by Robinson Construction of Hillsboro comes after a yearlong mediation and years of negotiations, inspections and temporary repairs.
“This settlement will give you a brand-new roof with a much better warranty than you had before,” said attorney Mark Reinecke of the Bend firm Bryant Lovlien & Jarvis. Replacing the roof is estimated to cost about $1 million.
According to schools Superintendent Mike McIntosh, the metal roof itself was not defective; the problem occurred with installation.
“This has been a long time in the making but we’ve finally arrived at best possible outcome,” said McIntosh.
Cascade Heating Specialists Inc., the roofing subcontractor for Elton Gregory, is not party to the settlement.
Robinson made multiple, unsuccessful repair efforts beginning almost immediately after the school opened and the leaks were discovered, according to McIntosh. More recent repairs by the district itself seem to have stopped the leaks, but the district considers those temporary measures as they must be reinforced every season.
The settlement does not include a provision for legal costs or expenses, tallied at $165,000 and $40,000 thus far. Those items were paid for with contingency funds from Elton Gregory’s construction; that capital projects fund will provide the remaining amount needed to finish the project.
The dispute echoes another lawsuit over a defective roof, one brought by the Lake Oswego School District against the same contractor for a high school built in 2005.
The Lake Oswego School Board accepted a $2.3 million settlement from Robinson in October 2011. The district received another $4.4 million from project subcontractors.
Unlike the Lake Oswego school, which had to close its gymnasium at one point, Elton Gregory lost the use of just one classroom for repeated periods during leaks and repairs.
Due to this negative experience, the Redmond district hired an independent roofing expert to have oversight over all of the more recent school construction and renovations.
McIntosh and school board Chairwoman Cathy Miller complimented attorney Reinecke and former Redmond School District Director of Operations Doug Snyder for their work over the span of the dispute, citing their professionalism and doggedness.
Ideally, bids will be accepted and a new contractor chosen by the first of the year, said McIntosh, and the new roof will be in place by the time school resumes in September 2013.