The hearing over what to do with the unfinished Harmon Hotel began earlier this week with a legal nod toward Las Vegas' penchant for spectacular implosions.
Attorneys for a couple of the contractors on the project in the CityCenter complex argued for letting it stand at least until a broader trial over construction defects and determining financial responsibility begins in February. Anything less would make a fair hearing impossible, they said.
"If this building (Harmon) falls, it will travel around the world," said Jeffery Garofalo, representing Ceco Concrete Construction, referring to the expected news coverage. "It may poison the jury pool and be highly prejudicial" because so many people would associate the Harmon with horrible contractor performance.
But MGM Resorts International Inc., the half-owner and developer of the $8.5 billion CityCenter, argued public safety must come first. Nearly a year ago, the Clark County Building Division raised concerns that numerous building code defects could cause the 26-floor building to collapse in an earthquake. Last August, a CityCenter study concluded that demolition made more sense than repair.
"We're here in this courtroom today, about four years after the first safety-threatening violations were discovered," CityCenter attorney Steve Morris said. "Since then, nothing has been done."
Contractors have scheduled their own expert witnesses, who are expected to say computer modeling that prompted earthquake concerns was riddled with flaws. Perini Building Co. Inc., the general contractor, has offered in the past to repair the Harmon as the best solution. The hearing is expected to continue through Thursday.
Contractors want to preserve the Harmon as possibly the world's largest trial exhibit so they can conduct physical tests to rebut allegations of pervasive shoddy workmanship. CityCenter has so far provided raw data about mistakes, but not a final list that would explain the problems. Until then, the contractors say, they don't know exactly which tests to conduct.
The court-imposed deadline for what is called destructive testing, where small sections of the building are demolished to view the underlying work, has already passed. Morris contended that the contractors already had ample opportunity to gather any evidence they needed.
Morris also tried to dispel the idea that MGM Resorts had used its political muscle to prod the county into taking its side.
"There aren't any secrets here," he said. "There aren't any smoke-filled back rooms where conspiracies are being developed."
He said that the demolition bill would run about $30 million. Nearly $280 million was spent on the Harmon's never-finished construction.
The larger issue underlying the sprawling case, which brought more than two dozen attorneys to the courtroom of Clark County District Court Judge Elizabeth Gonzalez, involves whether Perini should be paid its approximately $500 million fee or whether CityCenter is owed damages for a job poorly done.
The testimony began with CityCenter consulting engineer Chukwuma Ekwueme methodically showing photo after photo of parts of the Harmon, where he and his team had chipped away the concrete pillars and beams to examine the steel reinforcing bars inside. Through dozens of examples, he pointed out construction errors such as missing or poorly spaced bars, which could contribute to structural failure.
His work involved taking more than 10,000 photographs and writing out 1,000 pages of field notes, he said. BD+C
Related Stories
Codes and Standards | Aug 31, 2023
Community-led effort aims to prevent flooding in Chicago metro region
RainReady Calumet Corridor project favors solutions that use natural and low-impact projects such as rain gardens, bioswales, natural detention basins, green alleys, and permeable pavers, to reduce the risk of damaging floods.
Adaptive Reuse | Aug 31, 2023
Small town takes over big box
GBBN associate Claire Shafer, AIA, breaks down the firm's recreational adaptive reuse project for a small Indiana town.
Giants 400 | Aug 31, 2023
Top 35 Engineering Architecture Firms for 2023
Jacobs, AECOM, Alfa Tech, Burns & McDonnell, and Ramboll top the rankings of the nation's largest engineering architecture (EA) firms for nonresidential buildings and multifamily buildings work, as reported in Building Design+Construction's 2023 Giants 400 Report.
Giants 400 | Aug 30, 2023
Top 75 Engineering Firms for 2023
Kimley-Horn, WSP, Tetra Tech, Langan, and IMEG head the rankings of the nation's largest engineering firms for nonresidential buildings and multifamily buildings work, as reported in Building Design+Construction's 2023 Giants 400 Report.
Building Team | Aug 28, 2023
Navigating challenges in construction administration
Vessel Architecture's Rebekah Schranck, AIA, shares how the demanding task of construction administration can be challenging, but crucial.
Laboratories | Aug 24, 2023
Net-zero carbon science center breaks ground in Canada
Designed by Diamond Schmitt, the new Atlantic Science Enterprise Centre (ASEC) will provide federal scientists and partners with state-of-the-art space and equipment to collaborate on research opportunities.
Multifamily Housing | Aug 24, 2023
A multifamily design for multigenerational living
KTGY’s Family Flat concept showcases the benefits of multigenerational living through a multifamily design lens.
Multifamily Housing | Aug 23, 2023
Constructing multifamily housing buildings to Passive House standards can be done at cost parity
All-electric multi-family Passive House projects can be built at the same cost or close to the same cost as conventionally designed buildings, according to a report by the Passive House Network. The report included a survey of 45 multi-family Passive House buildings in New York and Massachusetts in recent years.
Regulations | Aug 23, 2023
Gas industry drops legal challenge to heat pump requirement in Washington building code
Gas and construction industry groups recently moved to dismiss a lawsuit they had filed to block new Washington state building codes that require heat pumps in new residential and commercial construction. The lawsuit contended that the codes harm the industry groups’ business, interfere with consumer energy choice, and don’t comply with federal law.
Government Buildings | Aug 23, 2023
White House wants to ‘aggressively’ get federal workers back to the office
The Biden administration wants to “aggressively” get federal workers back in the office by September or October. “We are returning to in-person work because it is critical to the well-being of our teams and will enable us to deliver better results for the American people,” according to an email by White House Chief of Staff Jeff Zients. The administration will not eliminate remote work entirely, though.