OCPAC lawsuit targets builders

Orange County Performing Arts Center officials hope a multimillion dollar lawsuit against the architect and builders of the center’s Renee and Henry Segerstrom Concert Hall won’t hurt its fundraising to cover the construction debt.

“I think people will understand that we are trying to be the most financially responsible steward of the project,” Center President Terrence Dwyer said.

In a complaint filed Aug. 10 in Orange County Superior Court, the center in Costa Mesa is suing the firm of internationally known architect Cesar Pelli and construction company Fluor Corp.

The lawsuit, which names 11 defendants and up to 100 more not yet identified, accuses the architect, builders and subcontractors of going over budget and surpassing the project’s deadline, among other claims.

The suit also alleges both repairable and irreversible design problems, some of which have resulted in seats with “impaired sight lines and inadequate leg and sitting room.”

Dwyer stressed the arts center is proud of the building.

“We don’t think this has anything to do with the quality of the design or construction,” he said. “We think it’s a superb building, and we think it is going to be valued as a cultural resource in the community and regionally for generations to come.”

The center has not determined an exact number of damages, but it believes the amount “to be substantially in excess of $30 million” at this time.

The concert hall, which includes the Samueli Theater and Lawrence and Kristina Dodge Education Center, was originally budgeted at $200 million.

After opening last September, the amount increased to $240 million and the center’s campaign to pay off the hall’s construction is about $63.5 million short.

“This is a matter of being financially responsible to the donors and the community,” Dwyer said. “We think this is the most effective way to resolve all the disputes that exist in one action.”

According to the suit, disagreements arose during construction among the architect, builders and subcontractors regarding who was responsible for project delays and flaws.

Calls to the New Haven, Conn.-based Pelli Clarke Pelli Architects, also the designers of a theater at South Coast Repertory and the Plaza Tower in Costa Mesa, were not returned.

Steve Roth, spokesman for Fluor Corp., said he could not comment on pending litigation, but he emphasized the client and the public have been “extremely pleased with the end product,” citing several awards the project received.