Judge Says Escondido’s Library Lawsuit Is Too Late

A Vista Superior Court judge ruled Friday that Escondido waited too long to file suit against the architect and contractor of the city’s library over claims of shoddy workmanship, and that the statute of limitations had expired.

The library, built in 1981, has been plagued with a leaky roof and cracks in the walls, according to Mark Waggoner, senior deputy city attorney. Waggoner said poor design and construction were at fault, allegations disputed by the architect and contractor.

The city hoped to recoup almost $500,000 spent in repairs to the roof and walls.

“We feel that the problems concerning the roof were not design defects, and that the design was proper and we were not at fault in any way,” said William Marquis, attorney for Ralph Allen & Partners, Architects.

At issue at Friday’s hearing was when the city knew of the damages and whether the three-year statute of limitations had passed when the city filed the suit last year.

Marquis argued that a 1984 study commissioned by the city on leaks in the library roof gave the city “knowledge and notice” of alleged defects in the design of the roof, and that the city did not act on that knowledge.

Waggoner, however, said the 1984 study, conducted by a roofer, was faulty, and it was not until 1987, when the city had an architect look at the roof more carefully, that the city became aware of serious design defects.

But Judge Terry O’Rourke, in siding with the architect and contractor, C. A. Larsen, said the 1984 study should have alerted the city to the problems.

Waggoner said it is now up to the City Council to decide whether or not to appeal the ruling, but he will recommend an appeal.