December 22, 2003

Steel Erector Recovers in Roof Collapse Due to Inappropriate Material Furnished by General Contractor

Contractor recovers performance costs, consequential damages and interest where number of problems with materials made it impossible to perform.

Mills, a general contractor in Brookings, South Dakota, contracted with the city of Brookings to construct the Brookings AgriPlex, including an arena with a clear span of 286 feet long by 209 feet wide. Mills obtained the prefabricated steel for the building from American Buildings Company (ABC) and hired Double Diamond to complete the arena by June 30, 1998. Numerous problems with the steel, including missing pieces, twisted pieces and incorrect lengths brought Double Diamond to a stopping point on May 12, 1998, with 80% of the framing work complete. On May 14, 1998, Wilma Miller wrote a letter to Mills, ABC, the City of Brookings and the project architects about the difficulties encountered and expressed concern over the structural integrity of the building. On May 15, 1998, ABC’s representative visited the site, documenting with a videotape the many problems encountered with the structure and material. Before leaving the site, the representative concluded the structure did not need additional bracing and would be fine unless hit by a tornado. Later that evening, the structure collapsed in winds between 35-50 mph.

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