Work On Fogg Claimed Faulty

Since September 1996, the Harvard University Art Museums have become involved in two separate lawsuits relating to work done by contractors on the museums' climate control systems, according to attorney Robert B. Donin of the Harvard Office of The General Counsel.

"Climate control is obviously very important for the preservation of artwork," said Porter Mansfield, director of the Harvard Art Museums.

Frances A. Beane, deputy director for finance and administration at the Harvard University art museums, said University attorneys asked her not to comment on the lawsuits.

Condensation forming on both the interior and exterior walls in the Werner Otto Hall of the Busch-Reisinger Museum prompted the University to file a suit on December 12, 1996 against architects Gwathmey, Seigall and Associates and Walsh Brothers, Inc. Construction for renovations completed over six years ago.

Although there is no apparent damage to artwork, according to Mansfield, the problems with the climate control systems have caused other damage to the museum.

Museum operations and facilities management could not be reached for comment.

According to Donin, the damage is extensive. He said there are leaks into the building from the outside, and water is collecting on both the interior and exterior walls. Donin added that there are also stains on the limestone exterior of the building.

"There will be permanent damage if it isn't repaired," Donin said.

Mansfield described the condensation.

"It's like your windows at home. When it's cold outside, there's condensation on the inside of the windows. Well, there's a kind of barrier in the walls [of the Werner Otto Hall] that works the same way to collect water," she said.

Donin said the University is currently negotiating with both companies.

"We are very hopeful that we will be able to resolve the problems out of court," Donin said.

According to Donin, the University does not expect the case to go to court. The suit was filed in December because there is a six-year limit on filing lawsuits in the state of Massachusetts.

The University is also currently involved in another lawsuit related to climate control in a different wing of the museum.

Harvard is the defendant in a suit pertaining to a 1995 renovation on the Strauss Conservation Center of the Fogg Museum.

Subcontractor Maurer & Sforza, Inc. claims that Harvard and Shawmut Design and Construction, the general contractors hired by the University, did not abide by the conditions of the subcontract, according to a statement issued by Maurer & Sforza's lawyers.

Shawmut hired Maurer & Sforza in May 1995 to do work on the heating, ventilation and air conditioning systems in the Strauss Conservation Center of the Fogg Museum, according to Shawmut's lawyers.

However, in December 1995 Shawmut filed a lawsuit against Maurer and Sforza claiming that welds on the piping for the hydronic heating system did not conform to the requirements of the contract.

In response, Maurer & Sforza filed a counterclaim in September 1996 stating that their work had, in fact, conformed to contract guidelines established by Shawmut.

Donin declined to comment on the possible outcomes of the case.

"Whatever the problem is, it must be very subtle because I know that they're all working away quite happily in the Conservation Center," Mansfield said.

The Harvard Art Museums, which include the Busch-Reisinger, Fogg and Sackler, contain billions of dollars in world-renowned art and artifacts Mansfield said

According to Donin, the University does not expect the case to go to court. The suit was filed in December because there is a six-year limit on filing lawsuits in the state of Massachusetts.

The University is also currently involved in another lawsuit related to climate control in a different wing of the museum.

Harvard is the defendant in a suit pertaining to a 1995 renovation on the Strauss Conservation Center of the Fogg Museum.

Subcontractor Maurer & Sforza, Inc. claims that Harvard and Shawmut Design and Construction, the general contractors hired by the University, did not abide by the conditions of the subcontract, according to a statement issued by Maurer & Sforza's lawyers.

Shawmut hired Maurer & Sforza in May 1995 to do work on the heating, ventilation and air conditioning systems in the Strauss Conservation Center of the Fogg Museum, according to Shawmut's lawyers.

However, in December 1995 Shawmut filed a lawsuit against Maurer and Sforza claiming that welds on the piping for the hydronic heating system did not conform to the requirements of the contract.

In response, Maurer & Sforza filed a counterclaim in September 1996 stating that their work had, in fact, conformed to contract guidelines established by Shawmut.

Donin declined to comment on the possible outcomes of the case.

"Whatever the problem is, it must be very subtle because I know that they're all working away quite happily in the Conservation Center," Mansfield said.

The Harvard Art Museums, which include the Busch-Reisinger, Fogg and Sackler, contain billions of dollars in world-renowned art and artifacts Mansfield said