City Files $2M Suit Over Town Square Pavers

From the City:>

The failure of pavers used in Rockville’s Town Square project was caused by flawed engineering design, according to a lawsuit filed by the City of Rockville on June 5. The suit, filed with the Montgomery County Circuit Court, holds Macris, Hendricks and Glascock, P.A. responsible for the failed design, and seeks $2 million for the costs and expenses incurred. Macris, Hendricks and Glascock, P.A. sought to mediate the dispute with the City, but then postponed the mediation in order to further review the City’s case. Maintaining the firm had already had sufficient time for review, City Attorney Paul Glasgow filed suit on behalf of the City.

“Although we tried to come to an agreement, Macris would not cooperate,” said Mayor Hoffmann. “The citizens of Rockville made a substantial investment in Town Square, and as guardians of our taxpayers’ dollars, the Mayor and Council have to hold our contractors accountable.”

Soon after construction on Rockville Town Square was completed in late 2006, concrete pavers used to line pedestrian walkways, the plaza and portions of Maryland Avenue and Gibbs Street began to fail. Water penetrated the pavers, froze and thawed, causing them to heave and cave in. The City’s lawsuit blames this failure on a faulty design, constituting a breach of contract and negligence.

To date, the City has recovered a total of $363,000 from others involved in the finished project. Whiting-Turner, which constructed the project, paid the City $213,000 and Federal Realty Investment Trust, the project manager, paid the City $150,000.

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