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The lawsuit alleges that the building has numerous defects. The Y's attorney says the organization is working with the three companies to resolve the problems outside of court, but a legal deadline required that it file the suit now.
The Eugene Family YMCA has sued the architect, general contractor and engineering firm it hired to build its south Eugene campus, contending the $49 million project was completed with numerous defects.
The YMCA is seeking a jury trial and $1.2 million in damages from Eugene-based Pivot Architecture and Chambers Construction Co., as well as Portland-based PAE Consulting Engineers, according to a lawsuit filed Jan. 2 in Lane County Circuit Court.
The issues the Y alleges in its lawsuit include:
- Engineering design deficiencies.
- Failure to correctly install dehumidification and ventilation systems in the aquatic center.
- Excessive corrosion in the aquatic center and the building’s roof.
- Corrosion of building materials due to building moisture and pressurization issues.
- Inconsistent temperature and humidity control in the aquatic center and adjacent spaces.
- Inadequate weatherproofing to the building facade.
- Improper interior painting.
“The property contains serious and substantial construction defects, including faulty design, workmanship and defective materials, and improper installation or non-compliance with applicable building codes, industry standards, or manufacturer specifications and guidelines in the design, development, and construction of the Property,” the Y’s lawsuit states. “These defects have resulted in significant property damage.”
Chambers Construction is cooperating with the Y to resolve the building issues, CEO and president Dave Bakke wrote in an email to Lookout Eugene-Springfield.
“Chambers Construction highly values our relationship with the YMCA and will continue to work with them to remedy any construction issues associated with our work, as we have done since the completion of the project,” Bakke wrote.
A PAE spokeswoman said the company doesn’t comment on pending litigation. Pivot Architecture didn’t return messages seeking comment.
Despite filing the lawsuit, the Y hopes to resolve the issue on its own with the firms, said Erik Kekel, a partner with Portland-based law firm Dunn Carney LLP, which is representing the Y. The Y filed the lawsuit because it was approaching a two-year statute of limitations from the point the defects were first noticed to seek damages, he said.
“The lawsuit was filed at this site solely because of potential concerns with the statute of limitations,” Kekel said. “Throughout the last year or so, the Y has been working closely with (Chambers and Pivot), which have both been very cooperative today and are working to address the issues as best as they can.”
However, Kekel declined to rule out a trial if the sides can’t reach an agreement on the repairs.
“I can make no comment whether this will or will not go to trial,” he said.
The Eugene Family YMCA opened its new, 75,000-square-foot facility in December 2023, replacing the smaller facility four blocks away on Patterson Street that opened in 1955. Membership at the Eugene Y has roughly tripled since the new building opened.
Despite the alleged defects, the Y is fully operational, Kekel said. He declined to say when Y officials first discovered the defects.
The Y’s lawsuit alleges breach of contract against Pivot and Chambers, negligence against all three defendants and breach of warranty against Chambers.