Art Institute of Chicago Sues Engineers For Construction Defects

The Chicago Tribune recently reported on the lawsuit filed by the Art Institute of Chicago against Ove Arup & Partners, the London-based engineering firm that provided engineering design for the Art Institute's Renzo Piano-designed Modern Wing. The $294 million expansion, which was completed in May 2009, contains modern masterpieces by Picasso, Matisse and Magritte, as well as displaying original architectural renderings by Frank Lloyd Wright, Mies van der Rohe and Bruce Goff.

The lawsuit blames Ove Arup & Partners for cracks in concrete floors, condensation clouding the main vestibule glass, and an air-conditioning system that fails to maintain a safe climate for artwork.

In addition, the suit also alleges Arup caused costly delays in the construction as when openings in curving steel blades for the "Flying Carpet" design of the roof had to be sealed with silicon plugs to prevent "a noticeable whistling sound on windy days." The bridge connecting the museum to Millennium Park also needed modifications to achieve the "sharp, knife-like effect" envisioned by award-winning architect Renzo Piano's design.

It is understandable that disputes involving such complex and costly projects as the Art Institute's Modern Wing and M.I.T.'s Stata Center, also the subject of high profile litigation, would wind up in the court system. However, for those of us who deal with the more mundane allegations found in typical residential construction defect lawsuits, the words of Chicago construction lawyer James Zahn still ring true:

"The question is: Are the defects the result of defective design on the part of design professionals or are they due to faulty construction and failure to conform to the contract documents (blueprints)?" James Zahn, a Chicago construction lawyer, said Wednesday.

"Most owners don't have the knowledge, even if they're as sophisticated as the Art Institute is, to determine who's at fault," he added. "That's why the lawsuits proceed."

And whether the issues involve a complex $294 million project or a basic $350,000 single family home, experts in architecture, engineering and construction provide valuable expertise and analysis to determine fault and to help resolve such disputes.