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    HomeNewsCity of West Hollywood Files Lawsuit against W.E. O'Neil Construction Co. for...

    City of West Hollywood Files Lawsuit against W.E. O’Neil Construction Co. for Breach of Contract Relating to WeHo Library

    The City of West Hollywood has filed a lawsuit against W.E. O’Neil Construction Co. (“O’Neil”) alleging breach of contract and other related claims including breach of implied covenant, breach of expressed warranty, breach of implied warranty and breach of implied duty. The lawsuit filed on December 1, 2023, revolves around the massive public contract awarded to O’Neil for the construction of the West Hollywood Park Phase 1 Implementation and the new West Hollywood Library Project.

    According to the complaint filed by the City, O’Neil was contracted to construct a new City Library as part of the project, which included the installation of a crucial fire protection system. The specified system was a hydraulically calculated, pre-action, single interlock sprinkler system on the second and third floors of the Library. The agreement outlined specific materials and installation procedures to ensure the safety of the public attending the library.

    However, the City claims that O’Neil deviated substantially from the agreed-upon terms during the installation of the sprinkler system. Alleged deviations include using a different system than specified, employing materials not in accordance with the plans, and failing to properly pitch the pipe to allow for water flow. These deviations, according to the City, went unnoticed for years until leaks began to develop, resulting in water damage throughout the Library.

    The City asserts that O’Neil’s actions have led to pervasive corrosion and damage throughout the sprinkler system, exacerbating over time and causing ongoing harm to the Library. The complaint alleges breach of contract, breach of implied covenant, breach of express warranty, breach of implied warranty of fitness for a particular purpose, and breach of implied duty to perform with reasonable care.

    The lawsuit seeks monetary damages in excess of $2 million for repair costs, along with attorneys’ fees, pre-judgment, and post-judgment interest, and costs of the suit. The City claims to have provided notice to O’Neil, and despite entering into a tolling agreement, O’Neil has allegedly refused to undertake necessary repairs or remediation.

    The City of West Hollywood is represented by the law firm Best Best & Krieger LLP, and the case has been filed in the County of Los Angeles. The City alleges jurisdiction under California Code of Civil Procedure § 395, citing injury to property in the County of Los Angeles, and asserts that the court has jurisdiction over the matter due to damages exceeding $25,000.

    The complaint lays out a detailed account of the events leading to the lawsuit and highlights the City’s contention that O’Neil’s actions constituted latent defects, only discovered after undertaking repairs to address the leaks. The City seeks appropriate relief from the court for the damages incurred due to O’Neil’s alleged deviations from the agreed-upon plans and specifications.

     

    The West Hollywood Library is a three-story, 47,000-square-foot steel-framed library, adorned with stucco and metal panels. Housing various programs, the library accommodates a children’s library, career development center, young adult services, international literature section, and public meeting room spaces. The library space boasts a ceiling constructed with bamboo panels intricately arranged in precise patterns, reflecting meticulous craftsmanship. A grand staircase adds to the ambiance, symbolizing the rich creativity and architectural eminence of West Hollywood.

    In conjunction with the library, the project encompasses the construction of a five-story, cast-in-place concrete parking structure capable of accommodating 400 vehicles. The development also features landscaped park space and regulation tennis courts atop the parking structures. Notably, the project has achieved LEED Gold Certification, underscoring its commitment to sustainable and eco-friendly practices.

    The status of the lawsuit is currently pending.

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    Paulo Murillo
    Paulo Murillohttps://wehotimes.com
    Paulo Murillo is Editor in Chief and Publisher of WEHO TIMES. He brings over 20 years of experience as a columnist, reporter, and photo journalist. Murillo began his professional writing career as the author of “Love Ya, Mean It,” an irreverent and sometimes controversial West Hollywood lifestyle column for FAB! newspaper. His work has appeared in numerous print and online publications, which include the “Hot Topic” column in Frontiers magazine, where he covered breaking news and local events in West Hollywood. He can be reached at [email protected]

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    david
    david
    Offline
    3 months ago

    West Hollywood should have been aware of these changes as the build was happening. W.E. O’Neil Construction Co. would have clearly shown what was being installed and the City Inspector ,at the time of construction, would have signed off on the work by observing the install. If the material was not up to standards then The City shouldn’t have paid the contractor for the change of order. I find City Management incapable of maintaining budgets, facilities and builds. Another example are the globe lanterns along Santa Monica Blvd. I wrote to The City regarding their final payment shouldn’t be paid… Read more »

    Lawyer up!
    Lawyer up!
    Offline
    Reply to  david
    2 months ago

    The City will need a real law firm to represent them. Bost, Bumble and Kids are not the A-team.

    Kiss it
    Kiss it
    Offline
    3 months ago

    No
    1
    cares

    Can we just focus on the dancers and strippers and bars please

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