Owner of collapsed Davenport building sues inspection firm for failure to identify risk

DAVENPORT — The real estate owner at the center of multiple lawsuits over the collapsed building in Davenport has filed suit against the engineering firm that inspected the building.

Andrew Wold, whose Davenport Hotel LLC owned the apartment building at 324 Main St., is accusing Select Structural Engineering, a company that inspected the building in the months before the collapse, of several things, including negligence and breach of contract.

“At no time did Select Structural opine that the defects in the west wall would require an evacuation of the building,” Wold’s suit states. “To the contrary, Select Structural expressly stated that the Davenport Hotel was not in danger of collapse and that no evacuation was necessary.”

Select has not yet answered the allegations in Wold’s suit. The new suit was filed last Thursday as part of an answer to another suit in which Wold, Davenport Hotel LLC and Select are among the defendants, according to Scott County court records.

The May 28 partial collapse of the building at 324 N. Main St. occurred in the center of the west side of the six-story structure and involved every floor. Three people died, another lost a leg and many people lost their homes and property.

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Beginning in February, Wold had Select inspect the building and relied on the company’s expertise and advice in his efforts to maintain the building, the new suit alleges. The inspections were carried out by Select employee David Valliere.

The suit alleges that Select owed Wold and Davenport Hotel LLC a duty of care.

Davenport Hotel LLC is also named as a plaintiff in the suit. Wold is listed as the registered agent of the LLC on the Iowa Secretary of State’s website.

“Select Structural and Valliere failed to use ordinary care, and in particular failed to perform their services with the degree of skill, care and learning ordinarily possessed and exercised by members of the engineering profession in good standing in similar circumstances,” the suit states.

Select’s failures alleged in Wold’s suit include:

Select’s negligence left Wold unaware of the danger posed by the west wall and of appropriate measures to lessen that danger, according to the suit.

“Had Select Structural and Valliere performed their services in a non-negligent manner, the collapse of the Davenport Hotel could have been prevented and/or some or all of the damage caused by that collapse could have been prevented,” the suit claims.

Initial inspections by Select

On Feb. 2, Valliere inspected the building, in particular the west wall, then reported to Wold and the city.

“The report noted some damage to the Davenport Hotel’s west wall, but stated that ‘[t]he main takeaway from the inspection is that this damaged area is not an imminent danger to the entire building and its residents,’” according to the suit. “‘An evacuation or lockout of the building is not necessary at this time.’”

On Feb. 8, Valliere provided a further report based on the Feb. 2 inspection, stating that there was a localized area on the west wall where brick had cracked and crumbled, the suit states. The update said this area’s condition was not an imminent threat to the building or its residents.

According to the suit, Valliere’s report further said the damaged portions could be safely removed and replaced. The update also provided procedures to accomplish those repairs.

“Valliere specifically told Wold that the building was not in danger of collapse,” the suit says. “Valliere later told the same thing to the city’s inspector, (Trishna Pradhan).”

As a result, Davenport officials decided the building did not need to be evacuated and informed Wold of that assessment, according to the suit.

From then on, the city did not make any suggestions that the building be evacuated because of the west wall’s condition, the suit claims.

Repairs on 324 Main St.

Wold started repairs based on Valliere’s advice, according to the suit. The repairs were consistent with the recommendations in Select’s Feb. 8 report.

During the work, Bi-State Masonry Inc., the contractor, noted a void between the facade and supporting elements of the wall.

After a further inspection on Feb. 23, the suit says Valliere reported the repairs to the building were going according to plan.

His report stated that the gap found by Bi-State could be remedied by removing the facade and adding additional supporting structure, the suit alleges. Valliere’s report said no other changes to the original repair effort were needed.

He also again reported to Wold and the city, the lawsuit says, that the building was not at risk of collapse and that evacuating the occupants was not necessary.

In March, Valliere sent an email to Pradhan stating that the repair work was being done according to his design.

Select Structural’s May inspection

Bi-State on May 17 told Wold the repair work was done and got Davenport’s approval of the effort, the suit alleges. Wold asked Valliere to return.

Valliere conducted another inspection on May 23. As he did so, or shortly after, the suit says Valliere told Wold and Davenport that the building was not at risk of collapse and that an evacuation was not necessary.

Valliere issued another report to Wold and Davenport on May 24, the suit says. In it, he noted that portions of the facade were separating from the material beneath.

“Although Valliere stated that this ‘may create a safety hazard to cars or passerby,’ he again did not indicate that the building might collapse or that there was any danger to residents of the building,” according to the suit. “And he again did not state that the building should be evacuated.

“Instead, Valliere suggested additional repairs that would allow the brick facade to ‘be brought down in a safe, controlled manner,’” the suit continues.

After this, Wold’s suit says he immediately began the further repairs Valliere recommended and the work continued until the building collapsed.

Davenport’s inspectors approved Valliere’s report and also inspected, then approved the repairs underway, the suit states.

“The city did not suggest that the building needed to be evacuated,” the suit states.