Alleged problems at WaterWalk Place lead to lawsuit against contractor

11/18/2013 5:17 PM

11/19/2013 6:37 AM

WaterWalk and the WaterWalk Place Owners Association are suing the downtown development’s contractor, Key Construction.

According to the suit filed last week, the WaterWalk homeowners group claims the balconies of 12 of the units in the building at Main and Waterman don’t drain correctly, allowing rain to puddle.

The group wants Key Construction to regrind the concrete floors, said WaterWalk attorney Wyatt Hoch.

The suit also alleges that WaterWalk and the homeowners group have found water getting into the building and adjacent parking garage in a number of locations. An investigation showed windows, doors and expansion joints were missing sealant or that inappropriate sealant was used, according to the suit. It also claims that Key failed to install full-height interior walls in the units, causing a rushing air noise in the units in some circumstances.

WaterWalk had been in negotiations with Key to fix the problems this summer, but Hoch said the two sides haven’t settled, yet. Hoch said he hoped the suit wouldn’t get to trial.

“We remain hopeful that the parties will be able to work through this without resorting to the courthouse,” Hoch said.

Key Construction chief financial officer John Walker said the sides have been working to get the situation fixed, but that the homeowners ran into a five-year deadline to file and are looking to protect their legal rights.

“They just have a deadline pushing on them,” he said. “There’s only a couple of things outstanding.”

Key Construction president David Wells was one of the original WaterWalk development partners, and was an owner when the building was constructed, but sold his stake in the development in 2009.

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