Four Flags Plaza files suitPublished 10:26am Tuesday, November 3, 2009
By JESSICA SIEFF
Niles Daily Star
The Four Flags Plaza has filed suit against the construction company, architectural firm and insurance company involved in a 2007 renovation project at the Seventh Street building that left those windows and sliding glass doors replaced during the project “improperly installed.”
The suit, filed with the Berrien County Circuit Court at the end of October, has been filed against Thomsen Construction and Supply Co. of Lawrence Mich., ADL Architecture Inc. of Berrien Springs and the Auto Owners Insurance Co. of Michigan.
According to the complaint, the Four Flags Plaza claims that the installation of the windows and sliding doors during the project, part of a $605,780 contract with Thomsen, were not installed to specifications.
Now, those windows are visibly gaping in some areas, uneven in others, vulnerable to everything from incoming sunlight and rain to wind and snow.
“The only way to make it right, we believe, is to add new,” said Michael Bell, an attorney with Kotz, Sangster, Wysocki and Berg, who is representing the Plaza.
The complaint states the building first began preparations for the renovations in 2005, speaking with ADL Architecture. A contract was devised between the Plaza and Thomsen in 2007 for “renovations and improvements.”
The Star was able to reach Alex Adekanmbi, owner of ADL Architecture Inc. but he would not comment on the matter at this time.
The Plaza then claims that “immediately following the installation” defendants were “put on notice and made aware of the fact” that there were issues with the windows and doors, notifications that were followed by an inspection by the manufacturer of the windows in September of 2008, who reportedly also found that each window unit in question was “out of square and unsupported along the entire outboard portion of the sill … and are not operating properly and they will continue to decay.”
Bell said his client tried contacting each of the defendants “ad nauseam.”
The complaint states that it is believed Thomsen subcontracted with a third party, J.E.B. Construction, which Bell said did try to come back and fix the units, however unsuccessful.
Now, the attorney said, “We believe it can’t be caulked or repaired, it must be replaced.”
A phone call to Glen Thomsen, president of Thomsen Construction and Supply Co., was not returned.
Bell said the suit has come as a “last resort” to resolve a situation that is just growing in consequential damages.
The windows are described in the suit as operating incorrectly and leaking and similar problems are being found with the sliding glass doors.
Though exact figures were not listed, the suit says the Four Flags Plaza has suffered damages in excess of $250,000.