This tightness was even verified through third-party testing to ensure effectiveness.Ĭontractors made sure indoor air quality was top notch by protecting against airborne dust and contaminants. The building’s exterior assures a tight envelope to protect from outside drafts and moisture seepage. This reduces erosion and filters out contaminants. It processes the water before it heads to the river. Our facility’s water treatment system collects rainwater that falls on the grounds and building. This is at a fraction of the cost of conventional lights, such as incandescent or fluorescent ones. The building then utilizes LED lighting to produce light where the natural solution does not meet the demand. This reduces the building’s electrical demand. “Modern Piping’s alleged damages in this case are academic and theoretical - it has already been paid a substantial amount for breach of contract provisions as well as pre- and post- judgment interest for delay.Natural lighting is used to illuminate hallways, offices, and reception areas. “The uncontested evidence presented at trial demonstrates that Modern Piping was paid over $16 million in compensation for UI’s alleged breaches of the contract … and that it suffered no real cost with relation to higher bonding or insurance,” according to the state. The state pointed to evidence presented at trial showing the UI earned more than $12 million in profit from its “partial early occupancy of the University of Iowa Children’s Hospital.” The UI called that evidence and specific dates it referenced “unreliable.” And it pointed to other awards already granted Modern Piping. On top of its request for a new trial, the state asked the court to simply override the jury and issue its own judgment “notwithstanding the verdict.” “That benefit was not bestowed entirely by Modern Piping and under these facts no rational juror - absent passion or prejudice against UI - could equitably award the full $12.8 million to Modern Piping.”Īddressing its concerns over jury instructions, the state - among other things - took issue with the court’s allowance of instructions on restitution. Looking at specific evidence supporting the $12.8 million award, the state argued even if it did gain that much from early occupancy of its hospital, Modern Piping wasn’t the only contractor still completing work. “As defendants warned,” according to their motion, “such evidence was not probative of plaintiff’s claims but merely served to shock members of the jury and to incite them into punishing defendants for conduct unrelated to plaintiff’s claims.” The state, attorneys argued, “cannot be held liable for punitive damages.” And it blamed the court for admitting “tangentially relevant evidence regarding conflicts between UI and its agents on matters which have already been adjudicated.” “The jury’s award of damages in an amount five times the amount advised by plaintiff’s own expert witness certainly shocks the conscience.” “The damages awarded by the jury are clearly and flagrantly excessive, giving rise to a presumption that they were the product of passion or prejudice,” according to the state’s motion. You will begin to receive our Daily News updates. Add your contacts. One argument the state made in assigning passion or prejudice to jurors was the award itself - tied to financial gain the university realized in opening the massive hospital when it did, thanks to work from Modern Piping and other contractors. The UI is suing two contractors responsible for the damaged and delaminating windows. That would including an extra $10 to $15 million the university has budgeted to address faulty windows it’s planning to replace just five years after opening in 2017. The hospital originally was budgeted to cost $270.8 million. If the contractor succeeds at landing the additional payouts, the Children’s Hospital price tag could swell to nearly $440 million. “Prejudgment interest is awarded not as a penalty, but ‘to prevent persons obligated to pay money to another from profiting through delays in the litigation,’” Modern Piping argued after the state indicated it was planning to delay payment by seeking a new trial. And last week, it asked a judge to also tack on $3.1 million for “prejudgment interest,” bringing the jury award to $15.9 million. The contractor then asked a court to order the state to pay another $16 million related to issues about posting a bond at the start of the disagreement in 2016. 27 awarded $12.8 million to Modern Piping. Following years of legal drama between the UI and Modern Piping over work on its more than $400 million Children’s Hospital project - including court awards, appeals, appellate court rulings and counterclaims - a jury Oct.
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