Construction company disputes University of Iowa claims over Old Capitol restoration

IOWA CITY - An Iowa City construction company accused of faulty and defective work in its restoration of the University of Iowa's fire-damaged Old Capitol dome is disputing allegations it's been uncooperative and is turning the accusations back on the institution.

'Knutson has cooperated with the University of Iowa concerning correction of issues identified at the Old Capitol and has held numerous discussions with university officials about this matter,” Brad Johnson, vice president and general manager with Knutson Construction Services Midwest Inc., wrote in an email to The Gazette on Thursday. 'We have at all times cooperated with the university to investigate the underlying causes of the conditions and to propose repairs.”

The UI earlier this month filed a lawsuit in Johnson County District Court accusing Knutson of defective and faulty work on the Old Capital dome that resulted in a leaky roof, rotted wood and deterioration of the siding and trim, among other problems.

Knutson entered into a written contract with the UI in 2002 worth $1.63 million to restore and improve the Old Capitol dome, which was damaged by fire in 2001. Knutson's contract included renovation of the dome, cupola, and tower and replacement of the asphalt shingle roof with a lead-coated copper roof.

According to the UI lawsuit, the improvements were meant to be 'permanent” and to allow 'all citizens” to use the Old Capitol.

Knutson finished its work in 2004. UI officials discovered deficiencies in that work in 2011, the lawsuit states.

'Knutson constructed the project in an unskillful manner and failed to abide by relevant laws, regulations and building codes,” according to the lawsuit.

The suit specifically accuses Knutson of breach of contract, defective condition of real property and breach of warranty, express and implied.

UI officials in the lawsuit say Knutson has 'repeatedly refused to complete the project or to correct the deficiencies.”

But Johnson disputed that and said Knutson hired an outside expert to investigate and share its findings with the UI.

'The investigation is complicated by the fact that the work in question was performed more than a decade ago and involved multiple subcontractors and designers,” Johnson wrote.

And, on Wednesday, an attorney representing Knutson filed a motion asking a judge to order the university to 'immediately” grant it access to the site to collect evidence as it's 'being destroyed with each day that passes.”

The UI over the summer began work to fix what it said was premature deterioration associated with issues addressed in the lawsuit, according to Rod Lehnertz, senior vice president of finance and operations. The project, expected to cost $1.3 million and wrap by early December, involves replacing deteriorated wood elements and metal roofing on the attic, bell tower and cupola.

'Knutson has repeatedly asked the university to allow Knutson, and its expert, to access the building during the repair project for the purpose of taking photos, making measurements, securing samples of materials, mapping damaged areas and otherwise preserving evidence that is critical to Knutson's ability to defend itself and to pursue claims against other potentially responsible parties,” according to the Wednesday motion. 'The university has refused Knutson's requests.”

In a letter to Assistant Attorney General George Carroll last week, attorney Paul Burns - on behalf of Knutson - took a desperate tone.

'My office is near the Old Capitol and I walk or run past it frequently,” Burns wrote. 'From my vantage point, it appears much of the restoration work has been completed. As to that work, Knutson's opportunity to conduct discovery and preserve evidence has been lost forever.”

The chance to capture evidence involved in work still ongoing 'is not yet lost,” according to Burns.

'But it is fleeting,” he said. 'Just yesterday the construction site was seen littered with piles of lead-coated copper roofing material, and wood materials, that had been removed from the building. lt appears no attempt has been made to properly preserve and document these removed materials.”

University officials in their lawsuit report discovering deficiencies in the Old Capitol work in 2011, including inadequate connections and seams in the roof that led to water infiltration, structural deficiencies, failed gilding on the lead-coated cooper dome and rotted wood on the bell tower.

Two years later, in 2013, UI officials said they found additional defects, including failed gold leaf gilding, deterioration of wood siding and trim, leaking through the coated copper-roof and gutters and checks and splits in the wood framing and beams and braces of the cupola.

According to court documents, UI has expended 'considerable financial resources” to investigate the problems and correct the deficiencies. And UI officials call the problems 'continuing and progressive in nature,” anticipating more damage and expenses in the future.