December 21, 2006

Eaton battles architect, engineer and builder

Case set for trial over mammoth ‘sick’ construction project

TORONTO

What seemed like a perfect match between a Canadian business mogul and a renowned architect has turned into a legal nightmare.

When George Eaton needed an architect to design a new home, he called up his old friend Conrad Black and asked if he could recommend someone.

It was early 1988 and Eaton wanted to build a house for his family on Hawkridge Farm, a 97-hectare spread the Eaton family owned north of Toronto near Caledon, Ont. Black didn’t hesitate to recommend Thierry Despont.

The French-born architect worked out of New York and had become something of a legend among the rich and famous. He’d not only redesigned Black’s Toronto mansion, but also homes for Calvin Klein, Oscar de la Renta and Bill Gates.

Some of his other projects include building a residential tower at New York’s Museum of Modern Art and refurbishing the Statue of Liberty.

Eaton alleges in court filings that the house Despont designed, a 2,600-square-metre behemoth, was so badly planned and built that it has made him sick.

Despont has fired back with allegations that it’s not his fault. He says the blame resides with the builders and Eaton’s constant changes to the design.

Eaton, great-grandson of department store founder Timothy Eaton, was running T. Eaton Co. Ltd. at the time and he didn’t know much about Despont. All he wanted was someone who would draw up a Victorian house that would please his mother, Signy. Black assured him that Despont was perfect and on May 12, 1988, Eaton retained Despont’s services.

Everything went well at first. Despont drew up plans, worked with construction crews and made regular site visits. The two even became friends and took trips together, visiting Despont’s house in Brittany, sharing a New Year’s Eve in a chateau and skiing in Aspen.

But as the project dragged on, the relationship frayed. Today, it has fractured completely and the two men are locked in a legal battle. Caught up in the fight are three engineering firms, one Ontario builder and the Town of Caledon.

According to court filings, the house took seven years to complete and cost about $20 million, nearly 10 times the original estimate. It features 11 bedrooms, copper roofs, an indoor swimming pool, mahogany window frames and doors, five chimneys and cedar siding.

But Eaton alleges he and his wife Terrie have faced constant problems from the moment they moved in 15 years ago. Their 22-page statement of claim provides a litany of alleged woes:

• Water condensation, leaks and decay that have allegedly caused “widespread insect, worm and rodent infestation.”

• Seven types of “toxic moulds” allegedly found in the walls, causing the Eatons headaches

• E. coli, F. coli and T. coli allegedly found in the water system.

• Insulation allegedly so thin the Eatons spend $84,000 a year to heat and cool the place, about 70 per cent more than it should

• Numerous building code violations.

• Other structural problems ranging from improper sealing, caulking and roof ventilation to allegations that sections of the support system are made of plywood instead of steel.

Eaton, 61, claims Despont misrepresented his credentials, giving the impression he was a licensed American architect when he was only licensed in France. He’s suing Despont, the engineers, the builder and the town for $7.4 million, including $4 million in repair bills and $500,000 for “mental anguish.”

Despont, 58, has vigorously denied the allegations and has filed counterclaims. He calls the allegations about his credentials “outlandish”. He also alleges that Eaton has waited far too long to sue.

The other defendants, including the town that provided permits and performed inspections, have also denied any wrongdoing. They’ve filed counterclaims and motions to have the case dismissed. They argue Eaton’s claims are excessive and that he is responsible for not mitigating the alleged problems sooner.

CANADIAN PRESS

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