Manning Squires Hennig Co. Inc., the general contractor in charge of Buffalo State’s Elms Hall renovation, is suing a subcontractor over poor exterior installation, according to a lawsuit filed Tuesday in Genesee County.

Elms Hall, the former Classroom building at the center of campus, has been under construction since March 2022. Original projections billed the renovation as a $78 million project to be completed by Spring 2026. As of an October 2024 report from The Record, the budget stands at $86 million, and a completion date is set for Summer 2027. (The project costs have not been updated on the University’s website, though the completion date has.)

Manning Squires Hennig subcontracted Mader Construction Co., a dry wall contractor, to install the building’s terra cotta facade.

Per their contract, Mader was responsible for the design and installation of the “artificial terra cotta systems” (ATCS) that adorn the exterior of Elms Hall, and for completing a substantial portion of said work by Oct. 31, 2023 as time was “of the essence.”

Their design, from a licensed professional engineer, was approved in July 2022 by the State University Construction Fund (SUCF), which oversees all campus construction projects.

According to the lawsuit, Mader failed to substantially complete their work by the agreed upon date, and the installation was still not complete by January 2024.

“Defendant had completed approximately 90% of the ATCS required for the B and C wings of Building 35 but only 40% of the ATCS required for the A wing,” according to the suit.

A notice was issued to both Manning Squires Hennig and Mader about the incomplete work, as well as ATCS pieces that had fallen off the exterior, seemingly because they had not been installed in accordance with Mader’s own designs.

Both contractors, via this notice, were required to respond with a reason for the failure of the installations and a plan of action to correct it.

Mader allegedly did not respond to this notice, and upon finding even more fallen ATCS pieces, SUCF issued another notice, requiring that all work be stopped until the problem and solution were identified.

The following day, SUCF Director of Construction Lauren Mott issued a formal notice to “cease all exterior work contiguous to the building’s perimeter given the detachment of the terracotta baguette and related non-conformance notices.”

As Mader failed to respond to these notices, SUCF required that the ATCS be removed and reinstalled in accordance with the contracted design.

The lawsuit alleges that Manning Squires Hennig, along with another subcontractor hired explicitly for this purpose, had to assist Mader in reinstalling the ATCS, which was substantially completed only by October 2025, nearly two years after the intended completion date.

Now Manning Squires Hennig is suing Mader for breach of contract for the inferior installation process. They’re seeking damages for costs incurred to assist Mader in the reinstallation process and extended supervision, as well as for litigation expenses and the damages Manning Squires Hennig incurred from breaching their contract with SUCF.

As of this week, members of the Facilities, Design & Construction department were unaware of the lawsuit and could not comment. SUCF was unable to be reached for comment on this matter.

So one must wonder if this skirmish is the reason for the project’s extended timeline and budget, or if it has otherwise contributed to the renovation’s costs and delays.