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Posted: Saturday, December 7, 2013 11:55 pm

MOREHEAD CITY — Officials here have taken legal action against the company contracted in 2009 to build the city’s new police station, which also houses the county’s 911 emergency dispatch center.

According to county superior court records, attorney William Silverman of Wall Templeton and Haldrup P.A. of Raleigh filed a civil action on behalf of the city Nov. 26, alleging breach of contract against D.H. Griffin Construction Co. of Greensboro due to ongoing problems with water intrusion since the firm completed its work. The Raleigh law firm typically handles complex construction litigation, city manager Dave Whitlow said Friday. City attorney Derek Taylor of Taylor & Taylor of Morehead City also signed the complaint on behalf of the city.

The water intrusion has damaged the interior of the building, requiring repairs and resulting in

“unnecessary disruption to the police department and other emergency services,” according to the complaint. The city seeks a judgment against D.H. Griffin Construction Co. in an amount in excess of $10,000.

Mr. Whitlow said the total spent on expenses related to correcting damage and investigating the source of the leaks wasn’t immediately available, but the intent of the action is to correct the problem.

“What we’re really trying to do is get it fixed,” Mr. Whitlow said of the leak.

The complaint alleges that D.H. Griffin failed to perform its work in a proper and workmanlike manner, including failure to properly install and seal through-wall flashing to prevent water intrusion.

The firm has refused to cure or correct the problems, which were expressly and implicitly covered by the contractor’s warranty, according to the complaint.

Mr. Whitlow said the leak has damaged flooring and wall materials and created problems for staff.

Officials with D.H. Griffin, didn’t respond to a call for comment on the matter by presstime.

Contact Mark Hibbs at 252-726-7081, ext. 229; email mark@thenewstimes.com; or follow on Twitter @markhibbs.

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