Jeff McDonald//December 26, 2013//
Two Bend firms last month were sued for $3.5 million each in Deschutes County Circuit Court for alleged negligence on a 70,000-square-foot building completed in 2008.
Bend-based Clear Choice Properties LLC, which owns the building, filed suit Nov. 12 against Kirby Nagelhout Construction Co. and BBT Architects Inc. The building, in northeast Bend, is occupied by PacificSource Health Plans, which bought Clear Choice Health Plans in 2009.
The suit alleges Kirby Nagelhout Construction failed to make sure the work complied with building codes, manufacturers’ specifications and industry standards, and did not properly supervise its subcontractors’ work. BBT was named for failing to design and oversee construction in a way that would prevent negligence, according to the suit.
The suit alleges that after Kirby Nagelhout Construction completed the building, several problems emerged, including a sewer pipe back-up that caused damage.
Several other deficiencies were noted in the suit. Clear Choice Properties, which claims that the damages caused inconvenience because of repair work, loss of use and revenue, and increased operating expenses, also alleges Kirby Nagelhout Construction refused to properly repair the damage.
Kirby Nagelhout Construction and BBT representatives declined to comment. Calls placed to Clear Choice Properties seeking comment were not returned.
The four-story building received a Leadership in Energy and Environmental Design gold rating, according to BBT’s website.