Lawsuit against contractor now likely over needed repairs to new Fire Station
The clock is ticking.
Almost two years after its completion, the Burien/Normandy Park Fire Department’s new headquarters station at 900 SW 146th Street near downtown Burien is still unoccupied.
And officials of Fire District No. 2 are beyond impatient.
A decision will be made “very soon” about filing a lawsuit against Bayley Construction of Mercer Island, the general contractor, Fire Chief Mike Marrs told The B-Town Blog.
Bayley refuses to fix major defects that prevent firefighters from using the station, including the five large fire engine bay doors, the roof, and exposed rebar in precast exterior masonry.
“We’re still trying to figure out if we would be better to file suit for breach of contract, or to have the repairs done and then sue them for the actual repair costs,” Marrs said.
Which option to take “is difficult question to ask. We still have lawyers researching that.”
Bayley has “not done anything in a year and a half to make us believe they are committed to fixing these problems. They offer to do some fixes but that comes with conditions and protests.”
While the district still continues “to work with them to get them to do the right thing and fix their work, we seemingly are no closer to having resolution,” Marrs said.
Although Mesa Precast built the precast components, they were a subcontractor and responsible to Bayley, not the fire district. This means “our fight is directly with Bailey,” he continued.
“It’s unfortunate that the contractor has backed us into this corner. It’s very costly to both sides. The people of the district need to get the building they paid for. This is not what they paid for.”
Bayley “didn’t present us with a completed building within the terms of the contract. They owe us $1,000 a day for not completing the work and not giving us beneficial use of the building.”
“We believe that we will prevail in our court case and as stewards of the citizens’ money recoup all of the taxpayers’ dollars for this project,” Marrs said.