(Charlotte, N.C.) The architect of Time Warner Cable Arena has been ordered to pay more than $2.38 million after a jury found it negligent in its design and administration of the project’s construction. William R. Nash Inc. and Applegate Heating & Air Conditioning Inc., the arena’s mechanical and ductwork subcontractors, sued architect Ellerbe Becket for professional negligence in its preparation of the plans and specifications for the arena and its design management of the arena construction project. The subcontractors sought damages equal to the cost of extra work they had to perform to correct serious design deficiencies in the arena’s ventilation systems. Both firms were represented by the Charlotte office of Bradley Arant Boult Cummings LLP.

“We are delighted that the jury agreed with our central argument that there were design defects and that it was the architect’s responsibility to resolve them,” said John D. Bond III, managing partner of Bradley Arant’s Charlotte office. “We are especially pleased that the jury saw fit to give our clients everything they asked for and compensated them fully for the extra costs they incurred.”

The two-week trial focused on problems with the design of the HVAC and kitchen exhaust ductwork systems, which Ellerbe was responsible for designing and Nash and Applegate were responsible for building and installing.

“It’s important to note that all design deficiencies were corrected during construction,” said James C. Smith, litigation partner at Bradley Arant and lead counsel for Nash and Applegate. “The construction team had to take the long way around the barn to get it done properly, but the arena’s ductwork is now code-compliant.”

The case was tried in Mecklenburg County Superior Court before Judge Albert Diaz. Smith teamed with attorneys Roger Jones and Nicole Campbell from Columbia, Md.-based Huddles Jones Sorteberg & Dachille P.C.

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