Big Brothers Big Sisters of Eastern Missouri seeks subrogation of settlement with tenant over water damage

By Angelica Saylo Pilo | Feb 15, 2019

ST. LOUIS – The owner of a St. Louis building alleges the negligence of a contractor and architect caused water leaks in a tenant's unit and it is seeking subrogation after it paid a settlement.

Big Brothers Big Sisters of Eastern Missouri and Great American Assurance Co. filed a complaint on Jan. 22 in the St. Louis Circuit Court against National Fire Insurance Co. of Hartford, BSI Constructors Inc. and Holleran Duitsman Architects Inc. alleging negligence, breach of contract and other counts.

According to the complaint, Big Brothers Big Sisters of Eastern Missouri owns a building in St. Louis that also houses its headquarters. It alleges in 2014 to 2015, it contracted defendant HDA to provide architectural, design and other services for a roofscape project on the building and defendant BSI agreed to provide services on the project as well.

The plaintiff alleges after work began on the project, a tenant in its building reported extensive water leakage and that BSI failed to take steps to prevent the leakage. The plaintiff alleges the defendants failed to take care of or resolve the tenant's claims.

The suit states both plaintiffs settled with the tenant for $98,856, plus attorney's fees, which was funded by Great American. The plaintiffs allege they are entitled to recover attorneys' fees and subrogation.

The plaintiffs hold National Fire Insurance Co. of Hartford, BSI Constructors Inc. and Holleran Duitsman Architects Inc. responsible because the alleged breach of contract by BSI and HDA caused damages to the plaintiff.

The plaintiffs seek judgment in their favor and against defendants, with interest, attorney's fees, costs and all other relief deemed just and proper. They are represented by Ward K. Brown and Travis Wymore of Withers, Brant, Igoe & Mullennix PC in Liberty.

St. Louis Circuit Court case number 1922cc00167

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