Clark Construction Group filed a lawsuit alleging breach of contract, professional negligence and negligent misrepresentation against architecture firm Perkins Eastman DC in the U.S. District Court for the District of Columbia on March 9, 2018. The company is alleging damages in excess of $5 million as a result of errors and omissions by Perkins during construction of phase one of the Wharf, a mixed-use project located at Washington, D.C.’s southwest waterfront.

Clark Construction entered into a contract with Perkins on April 15, 2014 for phase 1 of the project and construction began in the summer of 2015.

According to the suit, “Perkins was to supply architectural and engineering design services to Clark Construction and coordinate the work of all other design consultants … by preparing construction documents to be delivered to Clark Construction at various levels of completion and detail in accordance with an agreed upon schedule and the design agreements.”

The suit alleges that the representations Perkins made about its experience and service “were not accurate or true.”

Clark Construction alleges that as construction proceeded, it “incurred significant damages as a result of errors and omissions by Perkins in the performance of its professional services.” Perkins’ design and coordination of the design disciplines related to structural beams contained errors and/or omissions such that coordination with the curtainwalls required modifications of building components, says the suit. Clark Construction also alleges that the design disciplines related to windows and curtainwalls contained errors and/or omissions such that the integration with abutting and adjacent conditions, components and cladding was not within acceptable tolerances resulting in additional material, labor and equipment costs.

The suit includes additional errors related to exterior retail doors that resulted in the doors being inoperable, concrete beams, built-up slabs, terrace doors, storm water cisterns, structural rebar, pier embeds and acoustical design.

The contractor says that errors were not discovered prior to construction, and Perkins failed to provide timely corrections. The suit says it remains possible and likely that errors and omissions will continue to arise and become known. According to the suit, Clark Construction demanded repeatedly that Perkins engage in contractual dispute resolution procedures, which includes mediation, but Perkins refused all attempts.