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Glen Ellyn Park District Settles Lawsuit

Posted on: March 22, 2016

March 22, 2016 — A settlement agreement has been reached by all parties involved in the dispute over the Ackerman Sports & Fitness Center roof. Under the terms of the Settlement Agreement approved by the Board of Commissioners at its March 22, 2016 meeting, the Glen Ellyn Park District will receive an aggregate total benefit of $450,000 comprised of payments from various parties totaling $250,000, together with the release and dismissal of claims for payment asserted against the Park District by various contractors totaling $190,000 (plus a waiver of $10,000 in attorney fees incurred in the court-ordered mediation process leading to the settlement).

While disappointing that the Park District will not be fully compensated for all costs incurred in remediating the roofing issues, the District is pleased to recoup a portion of the expenses it incurred for researching the problem, repairing the roof, as well as legal and engineering costs. The Board of Commissioners of the Glen Ellyn Park District has decided that the settlement is a reasonable solution that avoids additional legal fees, several more years of litigation, and the unpredictable outcome of a jury trial.

“When there are seven parties involved in complicated litigation, both the time and legal costs become prohibitively expensive. An agreement that avoids more years of legal action is an achievement. It is in everyone’s best interest, including the residents of the Park District, to put this dispute behind us,” stated Board President Julia Nephew.

The Glen Ellyn Park District became aware of significant water leakage within Ackerman Sports & Fitness Center before the building opened in January, 2010. The leaks were first apparent in the corners of the building and the central portion of the roof. Additional leaks were observed in the fitness center, fitness classroom, multipurpose room, along the exterior walls in both the gym and the indoor turf area, throughout the center of the gym and the second floor mezzanine area. Glen Ellyn Park District staff constructed a system of buckets, tarps and flexible piping to control the flow of water from at least 20 leaks.

The Park District hired roofing experts from Wiss, Janney, Elstner Associates (WJE) to evaluate the condition of the roof and make recommendations for repair. WJE is an international interdisciplinary firm of architects, engineers and materials scientists that has been called upon to solve some of the world’s most challenging construction-related problems. Most recently, they have been in the news for their work on the repair of the Washington National Monument and analysis of the Minneapolis bridge collapse.

After thorough review and analysis by WJE, including a detailed examination of the building, infrared study and document review, the Park District determined that the most effective long-term solution for repairing the roof was to overclad the existing roof with an insulated and adhered single-ply membrane.

Funding for the repairs was provided through capital funds, which were reserved in anticipation of the project.

“The repair of the roof was a success and the center now serves as the major recreation hub for the Glen Ellyn Park District,” said Dave Harris, Glen Ellyn Park District Executive Director. “Membership levels continue to increase each year and the basketball courts and indoor turf experience significant use and high demand. In a short period of time, the sports center has become an important asset for the community and Park District.”

For more information on the Glen Ellyn Park District, please visit www.gepark.org.