The county is seeking $13.6 million in damages from Missouri-based HOK and Pasadena-based Jacobs Engineering Group, formerly Carter & Burgess Inc.
“In violation of their duty of care, HOK and Jacobs negligently and carelessly performed their work under the HOK agreement and Jacobs agreement, thereby proximately causing substantial delays and setbacks to the project,” the lawsuit says.
The county entered into a contract with HOK in November 2006, and HOK subcontracted with Jacobs Engineering in January 2007 to assist with the design of the expanded county jail. In December 2010, the county hired Washington state-based Lydig Construction to complete the jail expansion and upgrades at a cost of $90.9 million.
Lydig quickly noticed design flaws with the smoke control systems, which reportedly were not to code. HOK and Jacobs went back to the drawing board and returned multiple times with deficient designs, according to the suit. In October 2012, the state Fire Marshal’s Office found “numerous design deficiencies, which HOK again attempted to address in January 2013,” the lawsuit says.
Lydig told county officials that the needed fixes would push the project completion date to August 2014 - seven months after the Jan. 31 deadline to finish the project without losing the $100 million in state funding. Furthermore, the project revisions increased its tab by $16 million, the lawsuit said.
The county hired another company to come in and fast-track the project, and it was completed on time.
Representatives at HOK and Jacobs Engineering did not return telephone calls Wednesday seeking comment.
In April 2014, the county Board of Supervisors authorized county counsel to sue HOK and Jacobs, and the county has been in settlement talks with the defendants ever since.
County spokesman David Wert said the negotiations have been amicable and are still underway. He said the filing of the lawsuit was just a safeguard should negotiations between the county and the defendants break down. But as of now, Wert said, negotiations are going smoothly.
According to the suit, the county has agreed to suspend legal proceedings for 180 days in order to complete mediation talks.
“The filing of this lawsuit does not represent a breakdown in talks with the defendants, an attempt to put any pressure on them, or any escalation in hostilities,” Wert said in an email. “The county is still in discussions with the defendants and the county’s only interest is in recouping the money. The filing of the lawsuit happened at this time out of time considerations.”
ABOUT THE AUTHOR
Joe Nelson covers San Bernardino County for The Sun, Daily Bulletin and Redlands Daily Facts. Reach the author at joe.nelson@langnews.com or follow Joe on Twitter: @sbcountynow.
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