Metro Crossing suit

The owner of an Eau Claire apartment complex is suing contractors, claiming breach of contract led to defects in the building.

Rooney Properties of Chippewa Falls, owner of the Metro Crossing Apartments, has filed a civil suit in Eau Claire County Court against Urbanworks Architecture of Minneapolis; Hometown Insulation, De Pere; Rogers Plumbing of Menomonie; B & B Electric of Eau Claire; Dziekan’s Heating and Air Conditioning of Mondovi; along with five insurance carriers.

None of the defendants have yet responded to the suit through their attorneys. Officials at B & B Electric, Dziekan’s Heating and Air Conditioning and Rogers Plumbing couldn’t be reached Wednesday for comment.

Heartland Contractors of Chippewa Falls, which served as general contractor on the project, along with Acuity Insurance Co. of Sheboygan, and Regent Insurance Co. of Sun Prairie, also are named as plaintiffs.

According to court records:

On or about Oct. 9, 2012, Urbanworks contracted with Rooney to provide complete project design and construction observation services before and during the original construction of Metro Crossing.

Metro Crossing was built in 2013 and 2014 and was substantially completed in May 2014.

Heartland contracted with Hometown Insulation to provide labor and materials to insulate the building and seal the walls and ceiling/attic truss spaces; Rogers Plumbing to provide labor and materials for the design and installation of the building’s plumbing system; B & B Electric to provide labor and materials for the design and installation of the electrical system; and Dziekan’s Heating and Air Conditioning to provide labor and materials for the design and installation of the HVAC system.

In 2017 officials from Rooney discovered soft areas in the roof deck sheathing under the roof membrane system at Metro Crossing; they contacted Heartland, and officials at Heartland notified the defendants.

Several defendants sent representatives to inspections conducted at the building. The investigation revealed that condensation is occurring within the roof truss space, causing damage to the under surface of the roof deck sheathing and to certain support members.

Heartland has tendered a damage claim to the defendants and their insurance companies, but to date, each have refused or declined to repair or pay for repairs of damage to the building and to correct design and construction defects.

In its complaint, Heartland and Rooney are asking for a judgment declaring the defendants must defend and compensate Heartland pursuant to their respective contracts.

The plaintiffs also are asking for a judgment against the defendants for costs and attorney fees incurred by Heartland, Acuity and Regent to defend Heartland against building damage claims, investigate the cause of the damage, attend mediation and arrange and contract for repairs; all damages incurred to repair building damage and correct design and construction defects and deficiencies; interest; and any other relief the court deems just.

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