ILNews

Trial set in Carmel's complaint on Palladium construction

Back to TopCommentsE-mailPrintBookmark and Share

Mediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction of its signature Palladium concert hall.

Barring a last-minute settlement between the Carmel Redevelopment Commission and Michigan-based contractor Steel Supply & Engineering Co. or a delay, Hamilton Superior Judge Steven Nation will begin a two-week bench trial June 10.

Construction of the $119 million Palladium stopped for about three months in 2009 after an inspection revealed a rip in the structural steel supporting the venue’s domed roof. Work resumed after extensive repairs.

Carmel filed suit in 2011, saying Steel Supply failed to properly fabricate steel for the project. It is seeking about $5 million in damages.

Steel Supply has denied liability, laying the blame on a flawed design it says caused some of the steel columns supporting the roof to fail. Design duties were the responsibility of the project engineer, who is not named in the lawsuit, according to a statement from defense attorney Pfenne Cantrell.

“All fabrication drawings were approved by the construction manager, the architect and the engineer of record prior to fabrication, and the steel that was supplied and erected conformed with those approved drawings,” said Cantrell, of Indianapolis-based Kightlinger & Gray LLP.

Palladium roof problems have persisted, and the city last month said the venue would undergo another $140,000 in repairs. Crews were to retrofit the roof trusses, a news release said, welding additional stiffeners and small plates into place.

Court records show those deficiencies were identified by the defense team during the legal discovery process. Steel Supply notified the city of “potential issues with certain trusses … at locations other than the dome roof” on Jan. 30, and Carmel responded with a remediation plan in late March.

But the city did not disclose details of its consultant’s analysis, an explanation of the plan or an estimate of the remediation costs, Steel Supply said in asking the court to exclude any truss-related claims from the trial.

Nation granted that request, issuing an April 29 order making it clear he would sustain defense objections related to evidence concerning the trusses.

CRC Executive Director Les Olds did not return a phone call from the Indianapolis Business Journal this week, but the city reportedly told the court that the truss damage is “independent from the issues raised by the complaint,” according to Nation’s order.

It was not immediately clear whether Carmel would take additional legal action related to the trusses.

The Indianapolis Business Journal is a sister publication of Indiana Lawyer.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT