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updated: 8/28/2014 12:12 PM

Defendants pared from $13 million St. Charles roof collapse lawsuit

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  • An insurance company is suing for $13 million damages for Aquascape's green roof collapse in February 2011. Several subcontractors could be dismissed from the lawsuit if a Kane County judge determines they've reached good faith settlements next month.

      An insurance company is suing for $13 million damages for Aquascape's green roof collapse in February 2011. Several subcontractors could be dismissed from the lawsuit if a Kane County judge determines they've reached good faith settlements next month.
    Daily Herald file photo

 
 

Six subcontractors named in a $13 million lawsuit over a 2011 green roof collapse in St. Charles could be dismissed from litigation if a Kane County judge rules next month that they have reached good-faith settlements, according to court records.

The insurance carrier for Aquascape, a St. Charles-based water feature design firm, sued after part of the green roof covering a parking lot collapsed after a blizzard Feb. 12, 2011.

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No one was hurt in the collapse at 901 Aqualand Way, which happened on a Sunday afternoon.

According to court records, six subcontractors -- Metallic Building Co., Tricon, Senektekts, Applied Ecological Services, Dewberry Architects and Olsson Roofing Co., were dismissed from the lawsuit last week, provided they can reach settlements and a judge finds the settlements were reached in good faith.

An exact number could be tallied Sept. 8, when Kane County Judge John Dalton holds a hearing.

"The case is still proceeding," said John Groark, attorney for Aquascape's insurance company. "The legal rulings have allowed subcontractors to pay a small part of the damages and get out of the case. The suit is still going against a couple of companies, Artisan being one of them."

The primary defendant in the case the Madison, Wisconsin-based, Artisan Design Build.

A message left with Artisan attorney Robert Martier was not immediately returned Wednesday. Area Erectors Inc. and Tecza Design Build also are still on the lawsuit.

After the collapse, Aquascape employees were moved to a temporary location while repairs were made.

Asked if a settlement could be reached with Artisan, Groark said: "It's always good if you can resolve a case. But both sides have to agree. Only time will tell."

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