Condo board at South Loop high-rise suing Kenny Construction, alleging shoddy work

Kenny’s insurance company has filed a separate suit, disputing any damage liability

The 1400 Museum Park condo building, 100 East 14th Street
The 1400 Museum Park condo building, 100 East 14th Street

In 2016, the condo association for a South Loop 34-story high-rise sued Kenny Construction, alleging shoddy plumbing work that was performed when the building was constructed led to severe water damage.

Now, the ACE American Insurance Company is filing a lawsuit of its own, claiming in federal court that it shouldn’t be on the hook for any damages that Kenny Construction caused.

The suit by the 1400 Museum Park Condominium Association says Kenny, the general contractor on the building, allowed “substantial construction defects” in the hot water supply risers, which led to leaks that damaged the building.

The problems weren’t noticed until 2013, two years after the last units were delivered to condo owners by the developer, the suit said.

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“The defects were latent defects that were not discoverable by the unit owners who did not possess special knowledge or skill in the fields of construction,” according to the suit. “Said defects have caused the condominium to be unfit and not reasonably suited for its intended residential use.”

The suit said Kenny has refused to take responsibility for the necessary repairs. It wants Kenny to pay damages to cover the repairs, fees by experts who investigated the problem, interest on loans taken out to pay for the work and other costs.

Earlier this month, Philadelphia-based ACE filed a complaint against Kenny and the association, saying it has no duty to defend or indemnify Kenny in the dispute. It claims the company’s policies with Kenny don’t cover the type of damage alleged by the association.

Watsonville, California-based Granite Construction, the parent company of Kenny, did not immediately respond to a request for comment.