The WKU Student Life Foundation sued the architecture and contracting firms responsible for the design and construction of Hilltopper Hall, court documents obtained by the Herald show.
The Foundation filed suit against Sewell and Sewell Architects, the Bowling Green-based firm responsible for the residence hall’s design, on May 17, 2024. The Foundation alleges in the filing that the architecture firm did not provide any assistance or respond to information requests following the discovery of a facade shift in August 2023.
According to reports the Herald obtained from the Foundation in a records request in the summer of 2024, structural engineers and an architect hired to investigate the problems found several design and construction flaws in both structural and exterior elements of the building.
The Foundation is suing Sewell and Sewell for breaching its contract by failing to provide adequate design and construction documents and by failing to properly administer the construction contract.
Sewell and Sewell have denied each of the Foundation’s allegations.
On Dec. 11, 2024, the Foundation filed an amended complaint to add Scott, Murphy & Daniel, the Bowling Green-based contractor in charge of the construction of Hilltopper Hall, to the lawsuit. The Foundation also alleges that Scott, Murphy & Daniel failed to provide assistance or respond to information requests following the discovery of the facade shift.
The Foundation alleges that the contractor breached its contract and duty of care “by failing to provide materials and equipment of good quality, failing to ensure the construction was free from faults and defects, and failing to ensure the construction conforms with the Construction Documents for the project.”
The Foundation also alleges that Scott, Murphy & Daniel failed to provide “appropriate construction means, methods, techniques, sequences, and procedures” in the construction of Hilltopper Hall.
Scott, Murphy & Daniel have denied each of the Foundation’s allegations.
The lawsuit against Sewell and Sewell was filed five months following the abrupt closure of Hilltopper Hall in January 2024. Herald reporting found that design flaws and poor construction led to the hall’s closure.
According to Student Life Foundation attorney Tad Pardue, the lawsuit was filed in May 2024 because of a one-year statute of limitations from the time the Foundation was first made aware of the problems that would have prevented the Foundation from filing later than it did.
“We had what we believed was our deadline, our statute of limitation to file a claim against them was early August,” Pardue said. “So in May, we decided, look, if they’re (Sewell and Sewell) not going to respond or give us any information, we’ll go ahead and file the legal action naming them.”
The Foundation is actively pursuing claims against the architecture and contracting firms because of their lack of cooperation following the discovery of problems with the residence hall, Pardue said. The claim against Scott, Murphy & Daniel was made later because there was not enough information to make a claim against the contractor in May.
The claims against Scott, Murphy & Daniel include professional negligence, the contractor’s breach of contract and “other matters which have longer statutes,” according to Pardue.
SE Engineering, the engineering firm on the project, has cooperated, Pardue said, which is why a claim has not yet been pursued against that firm. In working with the Foundation, SE Engineering has entered into a tolling agreement with the Foundation, which leaves the door open to future litigation through an agreement to suspend the statute of limitations.
Pardue said the filing of the claim against Sewell and Sewell was to begin a conversation between the architecture firm and the foundation to find a resolution.
“We were reaching a point where we couldn’t let the claim lapse,” Pardue said. “We tried reaching out to them, requesting some information, and hadn’t really gotten any answers. So, if they’re not going to respond, that’s our only option is to at least initiate the suit and then, once they retain counsel and respond, and counsel entered an appearance, it would give us somebody to talk to.”
The Foundation does not anticipate adding any additional parties to the litigation at this time, Pardue said. If investigations were to find mistakes made by subcontractors, it would fall on Scott, Murphy & Daniel to bring those parties in through a third-party complaint.
Pardue could not provide additional information on the timeline of the case and whether or not it would go to trial.
“I can’t predict whether it’ll go to trial,” Pardue said. “Most civil cases nowadays don’t go to trial. They get resolved somehow, but some don’t.”
Attorneys for Sewell and Sewell and Scott, Murphy & Daniel did not respond to requests for comment.
While initially scheduled for fall 2026, the timeline for Hilltopper Hall’s reopening has been pushed back due to high cost estimates and the significance of needed repairs. The $40.9 million residence hall is expected to cost $36 million to repair.
The Foundation will not decide whether the building will be repaired or rebuilt until final cost estimates are given.
