Madison - St. Clair Record

Monday, August 19, 2019

State sues over alleged delays in construction of SIUE science building

State Court

By John Breslin | Aug 1, 2019

| University of Southern Illinois

EDWARDSVILLE - Illinois is suing a construction company over alleged delays to the completion of the University of Southern Illinois' science building in Edwardsville.

The state's Capital Development Board (CDB), which oversees the construction and rehabilitation of buildings, is suing Williams Brothers Construction Inc. (WBCI) over the $54 million, 140,000 square feet construction on the Edwardsville campus.

CDB accuses the construction company of breach of contract for failing to substantially complete the building by the agreed date, which had already been changed twice previously, according to the complaint.

The science building, which opened in 2013, was supposed to have been substantially completed by October 2012. However, the building wasn't substantially completed until May the following year, the suit states.

Williams Brothers Construction did not return calls from the Record asking for comment on the suit, which was filed in Madison County Circuit Court.

The complaint states that an architectural firm, Hastings and Chivetta (H&C), was employed to determine the size and scope of the project, the amount of work to be performed, estimated cost, and to design the building.

WBCI won the contract to construct the building and to coordinate the work of other general contractors on the project. Work began in September 2010.

The agreement between WBCI and CDB originally stipulated that the project be substantially completed by March 2012, which was changed to August and then October of the same year. 

CDB claims the defendant breached its contract, which included a provision that the work be completed in the right manner, with the right equipment, and by the date specified. 

The state agency claims it suffered damages and is asking for more than $50,000 for the extra costs associated with the delay.

On a second count, CDB states that there was an indemnification clause within the contract, which protected the agencies against damages made by H&C and the general contractors.

The design firm and two contractors filed claims against the CDB, which it is asking the court to order WBCI to cover.

Madison County Circuit Court case number 19-L-985

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