Costly Challenges Plague 2 Miami Courthouses

By Curt Anderson, The Associated Press tbo.com Published: February 17, 2008 MIAMI - All is not well with Miami's downtown federal courthouse complex. In fact, one of the buildings itself may be sick. A new, 14-story federal courthouse sits sparkling in the sunshine, surrounded by a chain-link fence, still unoccupied three years after the date it was supposed to open. Cost to U.S. taxpayers: $163 million so far, way beyond the original $100 million budget. Across the street, in a historic limestone courthouse first opened in 1933, possibly hazardous mold has taken root, raising questions about whether the fungus caused or contributed to a magistrate judge's unexpected death in September 2006 from a respiratory illness. Cost to taxpayers: unknown, but potentially in the millions of dollars depending on how much work is required to eradicate gunk found throughout the three-story structure and basement. The judge's children also may file a wrongful death lawsuit, depending on the results of an expert analysis of the mold's health risks. The mold is "a huge, huge problem," attorney Alan Goldfarb said. His law firm is representing the children of the late Magistrate Judge Theodore Klein, 66, who had been in good health and was an avid skier and jogger. "We are concerned that the environmentally hazardous conditions at the courthouse may have been related to his death," said Klein's son, Andrew. "We are also concerned about all the other employees who may be endangered by continuing to work under these conditions." Rough Seas For New Courthouse Miami's federal court has long been one of the nation's busiest. Its recent high-profile criminal cases include the trial of al-Qaida operative Jose Padilla and the fraud conviction of once-powerful Washington lobbyist Jack Abramoff. Drug kingpins, money launderers, Latin American dictators such as Panama's Manuel Noriega and corrupt politicians have peppered the dockets over the years. The heavy caseload led Congress in 1998 to approve construction of the new courthouse, built to resemble a ship gliding among a series of grassy hills that look like waves. The lawn waves' sculptor was Maya Lin, best known for designing the Vietnam Veterans Memorial in Washington. Yet costly delays have plagued the project - known as the Willkie D. Ferguson Jr. U.S. Courthouse - including major electrical problems, water damage from hurricanes, and a dispute between the building's owner, the General Services Administration, and its main contractor. The Miami federal court clerk, Steve Larimore, said in an interview that some courtrooms still don't have viable sound and video capabilities necessary for trials. So a state-of-the-art building originally scheduled to open in 2005 remains unused. Larimore and federal officials say the new target is for full occupancy in gradual steps by the end of this year. "We're making preparations, but we don't have anybody in the building yet," Larimore said this month. "We still don't have a firm date." The project's general contractor, Pittsburgh-based Dick Corp., declined to comment about why it has taken so long. General Services Administration spokesman Gary Mote would say only that the agency is "in discussions" with the company about the delays and disputes. The agency also has asked the federal Public Health Service to conduct a study at the older courthouse, but Mote said its report has not yet been completed. Stranded Among Fungus The inability to open the new courthouse effectively means more people have had to work longer in the old courthouse, an imposing, Spanish-Mediterranean Revival structure built from Florida Keys stone and named the David W. Dyer building. Goldfarb and fellow attorneys Liah Catanese and Justin Leto, along with a team of environmental experts, spent three days in early February checking for mold throughout the Dyer building. Among the offices checked was the second-floor press room, which includes permanent spaces for The Associated Press, the South Florida Sun-Sentinel and The Miami Herald. The experts wore masks and protection suits and occasionally asked the attorneys to leave because of concerns about the mold they encountered. Mold has been linked to asthma; allergies; respiratory, skin and eye problems; and lung infections, according to the Centers for Disease Control and Prevention. Mold, mold spores, water damage and peeling paint are apparent on all three floors and the basement of the building, including the area once occupied by Klein, according to their preliminary findings. It will take another two or three weeks for the analysis to determine the type of mold and whether is it hazardous. "We have a duty to wait to review those results before drawing conclusions," Goldfarb said. The basement includes a highly sensitive area where classified documents - such as those used in the Padilla case - are kept and reviewed, known as the Sensitive Compartmented Information Facility. Federal attorneys won a judge's ruling to prevent the mold inspectors from examining parts of that area because of security concerns. Previous studies conducted on the Dyer building also have found elevated levels of mold in some places, resulting in the gutting of certain rooms, changes to air conditioning and filtration systems, and other work. One study, commissioned in 2006 after Klein became ill, suggested that his sickness "could be attributed to exposure to molds." U.S. District Judge Federico Moreno, chief judge in the district, said in a memo last year to all employees that elevated levels of mold were confined to a few areas. "In those areas where levels are elevated, we are taking action to remediate the fungal presence," he wrote in August. Several court employees have complained about allergies, nosebleeds and other health problems, but none would comment to AP on the record. One longtime employee who would speak only on condition of anonymity because he was not authorized to talk about the issue said many people are "terrified" about the mold problem and upset that the building fell into such poor condition. "At the beginning, they maintained it well, but for some reason they neglected it," the employee said. "It's a disgrace, really."

http://www2.tbo.com/content/2008/feb/17/me-costly-challenges-plague-2-miami-courthouses/
 
 
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