Alamo Community College District contracted with Journeyman Construction, Inc. (Journeyman) to perform construction services for the $2.8 million renovation of the Performing Arts Center at Palo Alto College in San Antonio, Texas. Journeyman’s scope of work consisted of the repair of the existing building exterior envelope, including the replacement of the roofing system, masonry veneer, exterior insulation and finish system (EIFS), wall sheathing, and all other items indicated in the contract. Journeyman then entered into subcontract agreements with several subcontractors to perform various portions of the Work. Journeyman was later notified by the owner’s representation that the project was experiencing a bat infestation because of the defective work. Journeyman subsequently submitted a remediation strategy that included the following:
- Cleanup and removal of bat carcasses and excrement
- Removal and replacement of masonry veneer in affected areas
- Removal and reinstallation of the coping system
- Installation of blocking at parapet and lower roof levels
- Installation of flashing
Spire was retained by Journeyman’s attorney to provide an opinion regarding various parties’ performance of the work on the project, and apportion responsibility and damages for the cost of the remediation project. After analyzing the performance and work completed by the subcontractors, Spire determined that the subcontractors failed to perform their duties in accordance with the contract, resulting in construction deficiencies that allowed the bat infestation. In addition, Spire found that the contractor was entitled to recover at least 94% of its incurred damages as a result of the subcontractors’ actions and/or inactions.