DAVENPORT, Iowa — The owner of the collapsed Davenport apartment building at 324 Main St. has filed a lawsuit against the engineering firm that inspected the building.
Andrew Wold, the owner of the Davenport Hotel LLC, accuses Select Structural Engineering of four different counts, including negligence and breach of contract.
Wold has been named a defendant in half a dozen lawsuits brought on by people affected by the collapse. Select Structural is a defendant as well. Wold filed the lawsuit Thursday against Select Structural as part of an answer to another suit, in which both parties are listed as defendants.
"At no point did (Select Structural) suggest that the damage to the west wall posed a danger to the structural integrity of the building as a whole or a danger to residents or others," Wold wrote in the suit. "To the contrary, in addition to the statements in his reports, (Select Structural) specifically told Wold that the building was not in danger of collapse."
Wold hired the engineering firm in February to conduct an inspection of the building, specifically including the west wall, according to the suit. It states they relied entirely on the firm to advise on the condition of the building, to identify defects, to determine necessary repairs and to identify potential dangers to building residents posed by defects in the building.
The suit alleges that had Wold been properly notified of the danger the building's west wall posed, the collapse could have been prevented.
“Had Select Structural and Valliere performed their services in a non-negligent manner, the collapse of the Davenport Hotel could have been prevented and/or some or all of the damage caused by that collapse could have been prevented,” the suit states.
The inspections were done by Select Structural employee David Valliere. The first inspection was on Feb. 2, 2023.
"Later that day, Valliere provided a report of his inspection to the Cross-Claim Plaintiffs and the City of Davenport," the suit states. "The report noted some damage to the Davenport Hotel’s west wall, but stated that '[t]he main takeaway from the inspection is that this damaged area is not an imminent danger to the entire building and its residents. An evacuation or lockout of the building is not necessary at this time.'”
That same day in February, Davenport's Chief Building Inspector Trishna Pradhan released an official notice of public hazard for the building.
Pradhan's notice details that part of the southwest wall had gradually begun failing, and there was visible crumbling of the exterior load-bearing wall under the support beam. Additionally, the exterior brick veneer had begun separating due to rain and ice buildup.
In order for the building to remain operable and habitable, Pradhan requested repairs suggested by Valliere's report be made. A deadline of Feb. 24 was set for structural wall repair permits.
"Emergency vacate orders will be posted on the building if the failing masonry area is not secured per this letter," the notice reads.
According to the lawsuit, Valliere gave a more detailed report of his inspection on Feb. 8, indicating that there was a localized area on the west wall where brick had cracked and crumbled. It again stated that "this is not an imminent threat to the building or its residents." He advised that the damaged area could be safely removed and replaced and recommended procedures for the repair, the suit said.
"Valliere specifically told Wold that the building was not in danger of collapse," the suit claims. "Valliere later told the same thing to the City’s inspector, Trishna Pradhan. As a result, the City determined that an evacuation of the building was not necessary."
However, on Feb. 9, Code Enforcement Officer Anthony Haut addressed an official notice to vacate to Andrew Wold due to previous violations going uncorrected.
The notice states that "a re-inspection found the conditions/violations have not been corrected; therefore the building/unit has been tagged/ordered vacated and is deemed substandard."
It's unclear whether the notice is for the entire building or a specific unit. The notice required the vacancy by Feb. 27 at midnight.
The lawsuit then states that Wold hired a contractor to install the shoring and supports recommended in Valliere's report. He then hired Bi-State Masonry to repair the west wall.
After Bi-State identified a void between the façade and the supporting concrete masonry unit, Valliere performed a follow-up inspection on Feb. 23.
"Valliere advised that this issue could be addressed by “remov[ing] the brick façade in this area” and then constructing an additional layer of CMU," the suit states. "Valliere stated that no other changes to the original repair program he had prescribed were necessary."
He reported that repairs were "going according to plan."
On March 1, Valliere told Pradhan in an email that the repair "work is being done per my design," according to the suit.
Then on March 3, Bi-State Masonry, Inc., walked off the job after Wold did not change orders that cost more due to “unforeseen work needing performed."
On May 17, Bi-State did complete its repairs to the west wall. The suit claims that the City of Davenport gave approval for the completed repairs.
Valliere returned on May 23 to conduct a further inspection of the building, per Wold's request, according to the suit. He issued his report the next day.
"Valliere noted that 'there are several large patches of clay brick façade which are separating from the substrate,'" the suit writes. "Although Valliere stated that this 'may create a safety hazard to cars or passerby,' he again did not indicate that the building might collapse or that there was any danger to residents of the building. And he again did not state that the building should be evacuated. Instead, Valliere suggested additional repairs that would allow the brick façade to 'be brought down in a safe, controlled manner.'”
That said, after an inspection back on May 3, Code Enforcement Officer Haut filed another notice to vacate to Wold for a building or unit at 324 Main St.
According to the suit, following Select Structural's report, Wold began working on the additional repairs and continued to work on them up until the building collapsed on May 28.
"(Select Structural) is at fault for the collapse of the Davenport Hotel and all damages resulting therefrom due to their negligent acts and omissions as set forth above," the suit states.
At the end of the lawsuit, Wold requests a jury trial.
Three people died in the collapse, while another lost a leg. News 8 previously confirmed with the City that 54 people lived in the building at the time of the collapse. Following the collapse, none were allowed back inside to claim any of their belongings, losing both their homes and their possessions when the building was demolished.
One resident has spent more than $10,000 replacing what was in her apartment. She's been fighting her insurance company after her rental insurance claim was denied twice.
In the days after the collapse, the City of Davenport fined Wold $300 for not keeping the building safe and sanitary. Wold's lawyer appeared on his behalf in June and he pled guilty, agreeing to pay the fine.
In the lawsuit against Select Structural, Wold denies liability for any damages resulting from the collapse of the building.
