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The general contractor involved in the construction of the upside-down, leaky roof at the Amtrak station in Anaheim sued the city, Amtrak and three subcontractors Monday, claiming the
defendants provided bad designs, inadequate inspections and improper installation of roofing materials. In the Orange County Superior Court civil complaint, Martin J. Jaska Inc. seeks
$26,480 plus attorney’s fees for damages the firm says it was wrongfully assessed by the city when the leaks were discovered and repaired in early 1984. Repairs corrected the construction
problems, according to the suit. The defendants were unavailable for comment late Monday. The lawsuit alleges breach of contract, negligence and breach of an express warranty, based
primarily on the following contentions: - That design specifications for roofing materials approved by subcontractors and the city were incompatible with the design specifications and plans
submitted by Amtrak. - That city officials, among others, should have known that the roof would leak upon reviewing the specifications and installation. - That the city breached its contract
with Jaska by failing to provide plans and specifications that would allow construction of a building “free of defects,” and for a “properly constructed roof that would not leak.” - That
the roof was installed upside down because the defendants left no way for workers to tell which was the top or the bottom upon visual inspection. The prefabricated webbing of steel girders
and trusses was simply lifted and placed on the walls in the same position it had been delivered to the construction site. Amtrak refused at the time to accept the finished, $944,000 train
station. The city, which had kicked in more than $300,000 for the depot, refused then to pay the final installment. After initial repairs, a test was conducted on Feb. 2, 1984, involving 600
gallons of water that gushed onto the roof, which still leaked. By last December, Jaska claimed it had succeeded in stopping the leaks but complained about having to pay for the work
itself. Meanwhile, Amtrak has been using the facility since March, 1984, according to the lawsuit. MORE TO READ