Portland developer sues Andersen Construction for $5.7 million

Garrett Andrews//August 8, 2017//

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A lawsuit filed by Macadam Landing Apartments and Guardian Development against Andersen Construction alleges nonconforming and defective work on the Oxbow 49 building, an apartment project in Johns Landing completed last year. Photo by Sam Tenney of the DJC. — A lawsuit filed by Macadam Landing Apartments and Guardian Development against Andersen Construction alleges nonconforming and defective work on the Oxbow 49 building, an apartment project in the Johns Landing neighborhood of Portland, Ore., that was completed last year. Photo by Sam Tenney of the DJC.

Andersen Construction’s inability to provide enough skilled workers led to a raft of construction defects on the Oxbow 49 project, its developer alleges in a lawsuit filed in June.

Macadam Landing Apartments and its manager, Guardian Development, allege nonconforming and defective work on the project in a suit seeking $5.75 million for breach of contract and negligence.

The seven-story, 166-unit apartment building is located in John’s Landing, at 4949 S.W. Landing Drive – the site of the former Willamette Athletic Club.

Portland, Ore.-based Andersen Construction was selected as general contractor and signed on in February 2015.

The complaint filed in Multnomah District Court states that during construction, “Andersen repeatedly refused or failed to supply enough properly skilled workers to perform construction according to the contract documents and to complete construction in a timely manner.”

Macadam Landing Apartments alleges that delays by Andersen prevented it from leasing the building as planned. Among the allegations of faulty workmanship: out-of-plumb brickwork, uncontrolled infiltration of air that caused greater energy use than promised, excessive air leakage and loud exhaust fans.

Andersen has not yet filed a response. The company declined to comment through a spokesperson.