Collinsville Middle School sues Morrissey over flooding; Seeks $5.1 million in Madison County court

Kelly Holleran Oct. 21, 2011, 3:44am


The Collinsville Board of Education alleges it had to cancel a basketball game in 2007 following large amounts of water that flooded its gymnasium due to a defective roof. In recently filed court documents, the board is blaming the school's builders and architects for the damages it incurred.

The Board of Education of Collinsville Community Unit School District No. 10 filed a lawsuit Oct. 14 in Madison County Circuit Court against Morrissey Construction Co. and AAIC Inc.

In its complaint, the board alleges it hired Morrissey to construct a new school in Collinsville in 2003 known as Collinsville Middle School. In turn, Morrissey hired Waterhout as a subcontractor to install the plywood sheathing on the building, according to the complaint.

However, Waterhout incorrectly installed the roof after following the faulty design of AAIC, the architect that designed the building, the suit states.

"The design did not provide enough ventilation under the roof," the complaint says. "According to J&S, excessive moisture due to the insufficient ventilation caused warping in the plywood sheathing of the CMS roof."

Not only was the building's design faulty, but Morrissey or its subcontractor also failed to follow manufacturer's instructions when installing materials, the suit states. For example, it failed to include ridge vents on the roof, the Collinsville Board of Education states.

Following the massive leaking problem, the Collinsville School Board claims it requested Morrissey repair the damages. However, Morrissey refused to do so, according to the complaint.

The board alleges Morrissey negligently breached its contract and breached its express and implied warranties with the board, accusing the construction company of failing to perform work in a professional manner and of failing to assure the proper performance of its subcontractors. In addition, Morrissey negligently failed to properly store materials used in construction, the suit states.

It also alleges breach of contract and breach of implied warranty against AAIC, saying the architect negligently failed to design the building using professional skill, failed to specify which materials to use in the construction of the building, failed to correct deficiencies in the building that allowed the roof to leak and failed to perform inspections of the construction of the building.

In its six-count complaint, the Collinsville Board of Education seeks a judgment of more than $5.1 million, plus costs and other relief the court deems just.

Barney R. Mundorf and David L. Mannix of Guin, Martin and Mundorf in Collinsville will be representing it.

Madison County Circuit Court case number: 11-L-1065.

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