In what may be the first case of a sexually explicit construction defect, the owner of a historic Kansas City, Mo., hotel is alleging that “graphic markings” left by a contractor on unfinished sheetrock walls have “bled through” vinyl wall covering, causing “significant damage” to the hotel's reputation.
A lawsuit filed earlier this week by Marcus Hotels says the contractor, Walton Construction Co. of Kansas City, is liable for the graffiti at the Hotel Phillips, which allegedly includes “caricatures of male genitalia” and a drawing of a nude female and has “resulted in a number of customer complaints.”
According to the complaint, Walton also breached its promise to “deliver a defect-free project” by failing to remove or pre-treat its employees' artwork before the vinyl wall covering was applied to the sheetrock. The hotel –- an Art Deco landmark which boasts a “tradition of class and distinction” -- reopened in 2001 after a $28 million renovation.
“Over a period of years following completion of the project, the markings ... have bled through the VWC in various locations and rooms throughout the Hotel,” the suit says. Repair costs have been estimated at “well in excess of $200,000” and
The defective construction work, due to the sexually explicit nature of the defect, has also caused significant damage to the Hotel's reputation and status in the community and industry.
The Hotel Phillips, which opened in 1931, had fallen on hard times when the renovation project began in September 2000. Walton was the “at risk” construction manager on the project, responsible not only for its own employees but also for those of its subcontractors.
During the construction, the suit says, workers marked up the unfinished sheetrock with “measurements, room numbers, and locations for plumbing tie-ins, sprinklers, smoke detectors and other fixtures.” Some also allegedly used their “'Sharpie' or 'magic' type markers” for “personal comments,” “football plays” and the more graphic hieroglyphics.
Rolls of VWC carry instructions for preparing surfaces so ink markings or any other “foreign matter” do not bleed through the vinyl. But according to Marcus, “Walton's subcontractor, Rogers Painting Co., applied the VWC to the walls without any attempt to remove or pre-treat the permanent marker stains.”
Milwaukee-based Marcus specializes in “restoring once elegant hotels to their original splendor.” Rooms at the Hotel Phillips, winner of a AAA four-diamond award, start at about $189 -– with, apparently, no discount for those where the graffiti has surfaced.
