
Blackburn College is suing Henson-Robinson Co., Springfield, for damages in excess of $600,000, claiming a heat-pump system the company designed and installed in a college dormitory was faulty, resulting in high humidity and causing mold to accumulate in virtual all the dorm rooms in the residence. The four-count lawsuit, alleging breach of contract, negligence, negligent misrepresentation and breach of fiduciary duties, further alleges the college has been forced to relocate students due to continuing issues with mold.
According to the suit, Blackburn contacted Henson-Robinson early in 2012 for advice and professional consultation for a new climate control system for Jewell Hall, reportedly the largest residential dormitory on the Carlinville campus. In February 2012, the defendant submitted a bid of $322,986 to provide a six-unit VRF-H2i heat pump system. Three months later, the defendant was one of three contractors submitting bids to install the equipment and the college accepted the defendant’s bid of $321,748 for that work. According to the suit, the installation was completed in 2013 and that from the onset, the “system experienced problems with functionality.”
According to the suit, the design of the system did not fit the space available for piping. As a result, the suit alleges, the college worked with Henson-Robinson to resolve the problems and, in the summer of 2013, the residence was turned over to Blackburn for student use. Once students began occupying the dormitory, the suit alleges, the condensate pumps immediately failed and additional sealing and leaks occurred, along with thermostat problems in virtually all of the dorm rooms. The plaintiff claims it “once again” worked with Henson-Robinson to resolve the issues.
By October 2014, the suit continues, student residents began reporting mold growth in dorm rooms and Blackburn was forced to relocate students while mold was cleaned. Between October 2014 and 2015, Blackburn worked to clean numerous instance of mold in dorm rooms, according to the suit. Despite those efforts, mold issues continued and by December 2016, the college vacated the building, and paid residents to move all their possessions into storage so Jewell Hall could be thoroughly inspected and cleaned. During that operation, mold was found in virtually every dorm room inspected, the suit claims.
“Despite Blackburn’s efforts, mold growth continued in Jewell Hall into the 2016 school year and thereafter,” according to the suit.
Because of the ongoing problems, Blackburn retained an environmental consultant to inspect the mold growth and determine its nature and cause. The college also consulted with a mechanical contractor to design a new climate control system to remediate the deficiencies with the system designed by Henson Robinson.
According to the suit, the consultants conclude that the mold growth was due to extreme humidity levels trapped in Jewell Hall by the system Henson-Robinson designed and installed. Additionally, the consultants reported that the six-unit VRF-H2i heat pump system was “over-designed” in such a manner as to create negative pressure in Jewell Hall, which significantly increased humidity and precipitated mold growth.
Confronted with the findings of the consultants, Henson-Robinson “shockingly denied” responsibility for the problems and advised that the excessive humidity could be alleviated by asking students to leave their dorm windows open, according to the suit.
The suit claims the college will be forced to expend a minimum of $400,000 to remove the heat pump system and replace it with an alternative system, and that it will have spent upward of $200,000 for mold abatement to date and into the future.
The suit, which demands a jury trial, was filed by Quinn Murphy, an attorney with Sandberg, Phoenix and vonGontard, P.C., St. Louis.