Evanston Demands $5 Million From Copenhaver Over Fountain Failure

EVANSTON, IL — Copenhaver Construction botched the Fountain Square renovation project, city officials said, costing Evanston taxpayers nearly as much in repairs as the city paid the firm for the original project.

City attorney Nick Cummings sent a letter dated March 15 to company owner Ken Copenhaver saying that the owner of the Gilbert-based contractor had breached its 2017 agreement with the city.

"The residents of Evanston deserve better than the project management and workmanship displayed by your firm," Cummings told Copenhaver. "The City lacks confidence in your firm’s ability to remedy the defects vis-à-vis specific performance; to that end, the City demands your firm pay the City damages it has incurred and shall incur in the future as a result of the near replacement of the Project in the amount of $5 million."

Copenhaver representatives did not respond to a request for comment.

Work on the Fountain Square project was completed in October 2018, 164 days late, and Copenhaver still "struggled to properly complete the work in many regards," Cummings said, including failing to properly install piping, pay and manage subcontractors, or meet the city's local employment program.

The city withheld more than $230,000 of the $5.9 million deal it awarded Copenhaver, which later filed a counter-suit against Evanston as part of a lawsuit filed by a subcontractor against the city and construction company.

As part of its counter-suit, Copenhaver said subcontractor R.J. O'Neil's "defective performance" was the only reason for the delay.

In June 2019, the Evanston City Council agreed to pay $70,000 to Copenhaver and $65,000 to R.J. O'Neill to settle the suit and resolve the claims.

Related: City To Pay $135,000 To End Fountain Square Contractors' Lawsuits

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Cummings said city officials decided to keep the fountain off during 2020 due to the presence of COVID-19 in Illinois. But when staff turned it back on in 2021, they noticed it was leaking between 0.6 and 3.15 gallons of water every minute for a loss of up to 4,536 gallons a day, according to the city attorney.

Consultant Christopher Burke Engineering was called in to assess the damage and estimate repairs, according to the demand letter, obtained by Patch via a public records request.

That firm conducted chemical analysis and reviewed photographic records to determine that Copenhaver used an unapproved and improper kind of waterstop, causing concrete failures, which "renders the fountain useless without future repair," Cummings said.

"As a result of your firm’s attempt to cut corners and failure to properly manage the construction of the Project," Cummings told Copenhaver, "the City must now remove and replace the granite pavers; remove and replace existing mechanical systems; remove and replace existing electrical systems; and remove and replace the existing concrete substructure among other things."

Copenhaver, which also received the contract from Evanston for reconstruction of Central Street bridge, has faced criticism for poor workmanship in other fountains.

The president of a fountain contractor who worked with the firm on a project in DuPage County in 2018 told Patch Copenhaver was avoiding his calls and emails, even though it still owed him money.

"It's been nothing but a nightmare working with Copenhaver," said Laughing Waters President Timothy Krzeminski. "They crushed our pipes and have major issues that basically compromised the fountain at the project."

City officials said the fountain will remain dry for the entire 2022 season while they seek reimbursement from Copenhaver. According to a statement from city staff, the cost of the repairs was not included in this year's budget, but it will be included for 2023.