Sun editorial:

An atrocious decision

City ordered to pay dearly for tennis court cracks that could have been avoided

Wednesday, Nov. 4, 2009 | 2:06 a.m.

There were no excuses for the construction defects that plagued the Darling Memorial Tennis Center on Washington Avenue near Summerlin Parkway shortly after the courts opened in 2005. The question is whether the city of Las Vegas, which owns the complex, learned anything from the debacle.

The Las Vegas City Council today is scheduled to consider whether to accept or appeal a 2-1 ruling from state-appointed arbitrators who found the city at fault for cracks that appeared on the center’s courts.

As reported Tuesday by Sam Skolnik in the Las Vegas Sun, the city was ordered to pay contractor APCO Construction more than $2.1 million as the result of a protracted legal battle, including nearly $1 million in damages.

That’s not all. The city is on the hook for more than $3.3 million in legal fees. The company will also be required to spend more than $4 million on attorneys.

Talk about a waste of money for both taxpayers and the company.

This disaster could have been avoided had the city done a better job planning the project. As Skolnik reported, the majority ruling found that the city Building and Safety Department did not fully approve the project before it was put out to bid, and that then-Public Works Director Richard Goecke ordered the plans to be bid despite recognizing that they would cause problems. Then-City Councilman Larry Brown, now a Clark County commissioner who represented the area where the courts are located, was also singled out in the ruling for applying pressure on city agencies to get the project bid as soon as possible.

The city’s management team and elected officials clearly failed to give the project the oversight it warranted. To avoid these costly, inexcusable errors and legal expenses in the future, the City Council and its department managers had better ask the tough questions that need to be answered before a potentially troublesome project gets built — and ends up needlessly costing taxpayers millions of dollars.

Discussion: 12 comments so far…

By Future

11/4/09 at 2:25 a.m.

Suggest removal

This disaster could have been avoided had the city done a better job planning the project.

Same as the Court house, etc.

They keep learning the same mistake over and over
By SgtRock

11/4/09 at 6:25 a.m.

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And some people think the government can talk over healthcare completely and do a great job at it, too.

What planet do they live on?
By KillerB

11/4/09 at 7:21 a.m.

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"The city is on the hook for more than $3.3 million in legal fees. The company will also be required to spend more than $4 million on attorneys."

And this was only arbitration, not court. It's clear the City instead of admitting the problem then working out an early and fair settlement tried to drag the case out hoping to break its opponent -- acting out that old saying "you can't fight city hall." What a waste.

Pay attention, people -- this is proof justice is only for the rich. Attorneys have priced themselves far out of the reach of ordinary people.
By JohnDeaux

11/4/09 at 8:12 a.m.

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Who picked Harrison, Kemp, Jones & Coulthard to defend the city? Or is it now Kemp, Jones & Coulthard?

Are their billable hours public record?
By uddeboda

11/4/09 at 10:16 a.m.

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Oh my God, cracks on the center court, and at a time like this when the whole world is in economic turmoil.

No further comment.
By POWERPLAY

11/4/09 at 12:15 p.m.

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Hey uddeboda: I have 5 words for you >>>>> Bjorn Rune Borg >>>>> Sodertalje, Sweden
By StanG

11/4/09 at 1:05 p.m.

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The City Government outsourced the job to private industry. Private industry F'd up.
The government failed to properly oversight the for-profit enterprise.
Sounds familiar.
But why did the city build tennis courts in the first place? I don't play tennis. Do you? Using our money to build a tennis court for a few dozen athletes out there is socialism.
By cab

11/4/09 at 3:58 p.m.

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StanG, while I agree proper oversight may not have occurred (you never know the whole story unless you are there), I disagree with your disappointment over the construction of tennis courts. Ask any tennis player who has tried to get courts there on a regular basis, and yes I am one, and they will tell you how often they are booked for school age as well as adult events. There are not many public places in town where multiple courts are available. Every sport should have a place to play...
By SgtRock

11/4/09 at 8 p.m.

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StanG....nope...it is not the government fault...they just did not do proper oversight.

I guess next time they should just build the tennis courts themselves....LOL.
By its2hot

11/5/09 at 2:07 a.m.

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And this makes news; this is Standard Operating Procedures in the industry since 1994 and has progressively gotten worse over the years.

What the public doesn't see is that we their plans and specification prepared by Architects or Engineers. The plans are drawn up personal who've never worked in the trade they're designing, they've gone to school and have a degree in field being designed and the specifications prescribe the nature, character, and quality of the work being contracted.

If the Owner truly wants to reduce construction costs and project schedules they would remove the Architect and Engineer from the equation and bid design build projects only. The owner and we the taxpayer would realize instant savings and the quality of the work would far exceed the practices used since 1994.

If you have any doubt about Architects and Engineers look at Sunset Eastern Park project that is presently under construction. The Architect or Engineer used sole source materials and designed a project where costs were no concern. Asphalt trail they designed in the dunes required the asphalt to contain a specific color by a sole source manufacture; the colored asphalt is $8,000.00 a ton for 70 ton of mix installed verses asphalt with no color that costs $100.00 a ton for the same mix with no color. As an alternative to their design other products were available to would've provided the end intent wanted.

From a person who has worked in this industry for 40 plus years, the only thing that has changed over the years is that public agencies have an open check book and we in the industry know just that. We manage the contract and let the designer of record open their mouth and spend your money. Those who don't manage the contract, go broke. NDOT is starting to figure this one out and they are bidding design build projects, it is cheaper and the quality of the work far exceeds any design if they designed and bid the project. See I-15 NLV and now I-15 from Blue Diamond to Tropicana, we the taxpayer are the winners now, not the owner's design team.

Knowing LVP / Apco they didn't lose a penny, they're good at what they do and do it well, they managed the contract and owner's team took it personally when in reality they should've listened to the contractor in the first place and mitigated the costs, not litigate for personal reasons.
By uddeboda

11/5/09 at 5:16 a.m.

Suggest removal

Power Play,

Bjorn Rune Borg, and, whats the connection.
By POWERPLAY

11/5/09 at 2:48 p.m.

Suggest removal

Besides him and abba what else is Sweden know for. LOL

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