BJC Hires Dowd Bennett to Refute Roofer’s Claims

By on September 21, 2017

From St. Louis Business Journal:  BJC HealthCare is seeking to quash an effort to halt its campus renewal project.

Acting on behalf of the St. Louis-based health care system, Ed Dowd of Dowd Bennett LLP argued in a Sept. 15 court filing that the African-American Business Construction Workers Association’s motion for a temporary restraining order should be thrown out because it “cannot succeed on the merits of this case.”

The association and CMT Roofing LLC, led by Cory Elliott, earlier this month filed an amended petition in federal court in St. Louis against BJC, alleging it discriminated by paying the roofer’s contractor a huge profit and denying CMT those funds.

BJC said in its filing Sept. 15 that CMT’s claims are premised on alleged conduct that relates to a subcontract that requires CMT to engage in mediation.

CMT’s lawsuit said BJC induced CMT, a minority-owned firm, to enter into a $747,000 subcontract with RSS Construction, owned by a white man, in order to meet BJC’s goals for women- and minority-owned business participation in the health care system’s $1.5 billion campus renewal project. CMT’s subcontract, the lawsuit said, called for it to install the roof on the south St. Louis Children’s Hospital tower. It also said CMT was denied an opportunity to bid directly on the project, and that RSS got a $1.5 million non-bid change order contract from BJC for the same work.

BJC’s filing said CMT and RSS had disputes over money, with RSS denying CMT’s claim for additional funds. CMT, the filing said, then “abandoned” the project in March, then “attempted to circumvent the required contractual process and sought BJC’s intervention.” After evaluating information from all parties, BJC said it “determined that it was unable to support CMT’s position and request for additional payments.”

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