City Files Lawsuit Against HVAC ContractorsThe city of Warsaw has filed a lawsuit in regards to an improperly installed HVAC system in City Hall.
According to the complaint filed in Kosciusko County Superior 1 on Oct. 22, the city of Warsaw entered into an AIA contract dated Dec. 16, 2011, for remodeling of City Hall.
The contract was primarily with Harold McComb & Son, Fort Wayne, according to the complaint. Phoenix Mechanical, Garrett; MechTec/David Wortham, The Villages, Fla.; Indiana Thermal Solutions, Indianapolis; and Scearce Rudisel Architect, Warsaw; were also named as defendants. According to the complaint, they were subcontractors or participants in the performance of the contract.
The performance of the contract resulted in the HVAC being improperly installed, installed out of conformity to the contract documents or being negligently installed. According to the complaint, the systems resulted in malfunctions, degradation of other parts of the HVAC system and building installations, which are all ongoing.
Due to the failure of the contractor and several subcontractors improperly installing the HVAC system, the HVAC system needs to be correctly reinstalled, which will cost at least $725,000. The city of Warsaw, according to the complaint, suffered out-of-pocket expenses of at least $55,000 from temporarily addressing the failures of the HVAC system.
The contract also called for the installation of “instant” water heaters. The complaint stated the water heaters were installed and wired for 110 voltage, when it should be 220. The faulty installation caused multiple failures, replacements and anticipated failure problems and damages, for which the complaint claims the defendants are responsible for.
