Park District Board Approves Settlement Agreement for Ackerman Sports Center's Leaky Roof: UPDATE

Photo credit: Glen Ellyn Park District

As part of the settlement agreement, contractors and other parities involved in the lawsuit would pay $250,000 to the park district and the park district would be relieved of paying $190,000 in fees the park district withheld when finding out about the leaky roof, according to a park district memo. The settlement also waives $10,000 in attorney fees for the park district, which was incurred in the court-ordered mediation process leading to the settlement.

Park district officials said Tuesday that though they are disappointed that the district was not fully compensated for all costs incurred in remediating the roofing issues, the district is pleased to recoup a portion of the expenses it incurred for researching the problem, repairing the roof, as well as legal and engineering costs.

The Glen Ellyn Park District decided the settlement was a reasonable solution, which helped to avoid additional legal fees, several more years of litigation, and the unpredictable outcome of a jury trial, according to a park district press release.

“When there are seven parties involved in complicated litigation, both the time and legal costs become prohibitively expensive. An agreement that avoids more years of legal action is an achievement. It is in everyone’s best interest, including the residents of the Park District, to put this dispute behind us,” stated Glen Ellyn Park District Board President Julia Nephew in the press release.

T.A. Bowman Constructors was hired to build the Ackerman Sports and Fitness Center and, shortly before the center opened in January 2010, park district officials noticed several leaks coming from the roof, according to the Daily Herald. Glen Ellyn Park District Executive Director of Recreation Dave Harris writes in a memo to park district commissioners:

The leaks were first apparent in the corners of the building and in the central portion of the roof. Additional leaks were observed in the fitness center, fitness classroom, multipurpose room, along the exterior walls in both the gym and the indoor turf area, throughout the center of the gym and the second floor mezzanine area. Glen Ellyn Park District staff constructed a system of buckets, tarps and flexible piping to control the flow of water from at least 20 leaks in the building.

The park district hired roofing experts from Wiss, Janney, Elstner Associates (WJE) to evaluate the condition of the roof and make recommendations for repair. Following the firm's review, the Park District has determined the most effective long-term solution for repairing the roof is to overclad the existing roof with an insulated and adhered single-ply membrane, according to the park district memo.

The park district spent nearly $850,000 on those permanent fixes, the Daily Herald reports. And T.A. Bowman filed a breach of contract lawsuit against the park district in July 2011, stating that they were "willing and able to finish its work" and claimed the park district denied its crews the chance to fix the roof problems. The park district filed a countersuit and denied the claims.

Funding for the repairs was provided through capital funds, which were reserved in anticipation of the project, according to the park district news release.

“The repair of the roof was a success and the center now serves as the major recreation hub for the Glen Ellyn Park District,” said Dave Harris, Glen Ellyn Park District Executive Director. “Membership levels continue to increase each year and the basketball courts and indoor turf experience significant use and high demand. In a short period of time, the sports center has become an important asset for the community and Park District.”

>>> Glen Ellyn Park District Settles Lawsuit