DURHAM -- Nine months after litigation arose from a mold outbreak at N.C. Central University, a number of lawyers gathered with Durham's senior judge on Thursday to figure out where the lawsuits are headed.
 
It was only the second court session since the state Attorney General's Office sued four contractors in July, seeking to recover roughly $7 million spent to repair mold damage in two NCCU residence halls. The other session was in January.
 
Everyone agreed on three points Thursday:
 
-- The cases should be declared "exceptional" so that one judge can oversee them from now on, providing continuity to the litigation as it moves forward. Otherwise, different judges would have to make decisions at different times.
 
-- Opposing lawyers so far are getting along fine.
 
-- The cases will not be ready for trial before this time next year at the earliest.
 
It all began in 1996, when NCCU hired contractors to build two dormitories on campus, named New Residence Halls One and Two.
 
After students moved in during January 1999, officials noticed damp spots in the buildings and concluded that the heating and cooling systems were not functioning properly, according to the pending litigation.
 
Next, the discovery of a potentially harmful mold infestation in 2003 forced the university to close the dorms and find temporary alternative housing for 512 students.
 
Last summer in Durham County Superior Court, the state sued general contractor R.K. Stewart & Son of High Point, heating and air conditioning contractor Atlantic Coast Mechanical of Raleigh and plumbing contractor Cam-Ful Industries of Pineville.
 
The lawsuit claims, in essence, that shoddy workmanship caused the mold infestation.
In a separate suit filed the same day, the state accused Bryant-Durham Electric Co. of Durham of improperly installing smoke and fire detectors, a problem that was not discovered until crews started renovating the mold-infested dorms.
 
The sued contractors in turn filed lawsuits against various subcontractors and suppliers.
Meanwhile, Cam-Ful Industries has filed a counterclaim against the state, contending NCCU did not identify any particular plumbing leaks that were a source of the moisture or mold.
 
Bryant-Durham also has filed a counterclaim, saying the state refused to provide information that would allow the company to defend itself against allegations that fire-alarm systems were not properly installed in the two dormitories.
 
The complexity of the interwoven litigation is why lawyers agreed Thursday that the cases should be declared exceptional and one judge should oversee them from now on.
 
"It's going to be a bear for somebody to get their arms around all this," said Trial Court Administrator Kathy Shuart. "One judge could hopefully get up to speed quickly, manage it and keep it on track."
 
"I think it probably is an exceptional case," said Superior Court Judge Orlando F. Hudson. "I think we can resolve the exceptional case issue fairly quickly. That's what we've got to do first."
 
The chief justice of the N.C. Supreme Court, who must make the decision, will be asked to declare the cases exceptional soon, according to Shuart and Hudson.
 
Special Deputy Attorney General Ronald Marquette, one of several state lawyers representing NCCU, expressed satisfaction Thursday with the way opposing parties are interacting.
 
"This has been a most collegial group to work with," he told Judge Hudson. "There have been no major disagreements. They've tried to cooperate with us and we've tried to cooperate with them."
 
Asked when the cases might be ready for trial, one defense lawyer suggested the spring or summer of 2006. But another defense attorney said that time frame was too optimistic, given the complexity of the issues.
 

# # #

Pure Air Control Services, Inc.

1-800-422-7873