From time to time we report on new cases that have been filed that are related to the construction industry.
In August 2006, Golub and Company LLC served as the real estate developer and project manager for the construction of an upscale hotel located at 11 East Walton called the Elysian. The Elysian shares an alley located at 20 East Delaware Place with the Talbott Hotel. Construction of the Elysian was completed in or about early 2010. Attorneys for the Talbott Hotel have filed suit against Golub, First Elysian Properties (the owner of the hotel), and the general contractor, James McHugh Construction Company. The complaint at law asserts five causes of action: res ipsa loquitur, negligence, nuisance, trespass, and tortuous interference with prospective economic advantage. The Talbott Hotel is requesting damages in excess of $50,000 plus costs of suit.
The complaint alleges that the construction of the Elysian Hotel forced Talbott Hotel to abandon its use of the delivery dock located in the alley between the hotels due to falling debris from the construction project. There is an allegation that in one instance a Talbott Hotel employee was struck by falling wet cement. The loading dock was used for vendor deliveries and pick ups. As a result of the abandonment of the loading dock, the Talbott Hotel was required to use the main lobby entrance (utilized by guests) for deliveries. In addition, it is alleged that construction of the Elysian Hotel proceeded prior to 8:00 a.m. and continued unabated past 8:00 p.m. and it caused excessive vibration and noise that was detectable to guests residing in the north side rooms. The Talbott Hotel has alleged that it had to not only move guests to different rooms away from the north side, but that guests canceled reservations and cut short scheduled stays as a result of the excessive vibration and noise generated from the Elysian Hotel construction. Finally, it is alleged that the Talbot Hotel itself was physically damaged by falling debris that struck the hotel property.
The lawsuit was filed on August 12, 2010. We will continue to monitor this case and report on any developments.