In a twist of legal fate, the Sixth Circuit court declined to resurrect a lawsuit involving a faulty parking lot at a Michigan mall, delivering a blow to outlet mall chain Tanger’s efforts to hold a general contractor accountable.
Contractor Cleared of Liability
The appellate court upheld a summary judgment favoring Rockford Construction Co., ruling that the contractor did not breach its contract with Tanger despite the parking lot’s rapid deterioration after construction.
6th Circuit Won’t Revive Michigan Mall’s Faulty Parking Lot Suit : Subpar Materials Saga
The heart of the matter revolved around subpar materials used in the construction, which Tanger itself had directed Rockford to employ in a bid to cut costs. However, when the parking lot began to crumble just four months post-construction, Tanger was left facing a hefty $3 million bill for replacements.
6th Circuit Won’t Revive Michigan Mall’s Faulty Parking Lot Suit : Bargain Upheld
Despite Tanger’s claims that Rockford should foot the bill for repairs under the contract’s terms, the court found that Rockford had fulfilled its obligations. Notably, the contract stipulated that Rockford was only liable for repairs if its work didn’t align with the contract documents.
Material Misadventure
Tanger’s attempt to shift blame onto Rockford for the faulty materials fell flat. The court highlighted that Rockford had not procured the materials in question, which were chosen and abandoned at the site under Tanger’s direction.
Unforeseen Consequences
Tanger’s attempt to economize by repurposing materials from a demolished building backfired spectacularly when it was discovered that the soil and gravel weren’t up to snuff for enduring Michigan winters.
Responsibility Clarified
Crucially, the court underscored that the responsibility for evaluating the materials lay with Materials Testing Consultants, not Rockford. Despite Tanger’s efforts to pin the blame, evidence showed that it was MTC’s role to assess the suitability of the materials.
6th Circuit Won’t Revive Michigan Mall’s Faulty Parking Lot Suit : Legal Odyssey
While Tanger initially pursued legal action against other parties involved in the project, including Nederveld Inc. and MTC, those claims were ultimately settled through mediation, leaving Rockford as the lone defendant in the courtroom battle.
Enduring Fallout
Despite initial attempts at superficial repairs, Tanger eventually had to enlist another firm to overhaul the parking lot entirely, further underscoring the financial ramifications of the ordeal.
6th Circuit Won’t Revive Michigan Mall’s Faulty Parking Lot Suit : Silent Response
Requests for comments from the involved parties went unanswered, leaving the courtroom drama to speak for itself.
Judicial Panel
The decision was rendered by a trio of judges—Julia Smith Gibbons, Helene N. White, and Amul R. Thapar—serving on the Sixth Circuit panel.
Legal Representatives
Tanger Grand Rapids LLC and affiliates were represented by David M. Scott and Krista D. Warren of Brennan Manna & Diamond LLC, while Rockford Construction was represented by Michael D. Ward of Ward Law PC.
