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DC Wharf Contractor Files $5M Suit Against Firm

Wednesday, March 21, 2018

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The general contractor behind The Wharf, a $2.5 billion mixed-use development currently under construction in Washington, D.C., has filed a $5 million lawsuit against the project’s master architect, citing alleged significant errors and omissions in design documents.

In the lawsuit, Clark Construction is seeking damages for the alleged errors in the design document created by architecture firm Perkins Eastman. This has cost the construction company millions of dollars over the course of the project.

Lawsuit Charges

According to the lawsuit, between approximately May 2014 and September 2015, Perkins provided design packages of various completion and detail levels to Clark Construction. These designs were amended and updated through construction and development, but as “construction proceeded, Clark Construction incurred significant damages as a result or errors and omissions of Perkins in the performance of its professional services in connection with the Design Agreements and the Project.”

The lawsuit includes more than 10 alleged errors and omissions, such as inoperable exterior retail doors, structural beams that required modification, terrace doors and stormwater cisterns, among others. The lawsuit claims these errors led Clark to incur increased costs for services, totaling at least $5 million.

These errors allegedly could not have been discovered before construction began, and the copany claims more could be uncovered as project development continues.

"It remains possible and likely that errors and omissions will continue to arise and become known, discovered and appreciated in the future as discovery in this matter proceeds," the lawsuit notes.

The Wharf

Phase One of the Wharf opened in October 2017 and included two office buildings, three hotels, three multifamily buildings, restaurants, retailers and music venues, as well as waterfront piers and public space.

The Wharf’s second phase is still undergoing the approval process, with Perkins Eastman still slated to serve as lead architect. Phase Two is also set to break ground over the coming months, but this iteration of the project will also be steered by a team of 11 architects to create 1.2 million square feet of mixed-use space, including retail, residential and park space.


Tagged categories: Architecture; Construction; Laws and litigation; Urban Planning

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