MLSD reaches $1.85 million settlement with architect in Groff Elementary litigation

MOSES LAKE — The Moses Lake School District will receive $1.85 million as part of a settlement agreement with Design West Architects related to the construction of Groff Elementary School, according to district officials.  

The agreement was unanimously approved by the Moses Lake School Board during its July 9 meeting. 

Under the settlement, Design West will pay the district a one-time payment of $1.85 million to help offset costs associated with remediation work at Groff Elementary.  

In exchange, the district will dismiss its claims against the architectural firm with prejudice, while retaining claims against other parties involved in the ongoing litigation, including Fowler General Construction and other defendants. 

The dispute stems from construction-related deficiencies discovered at Groff Elementary, which led to extensive repairs and the temporary relocation of students and staff. The settlement agreement states that the payment is a compromise of disputed claims and does not constitute an admission of liability or wrongdoing by either party. 

In a statement announcing the settlement, Superintendent Carol Lewis called the agreement an important step forward for the district and community. 

“This settlement represents an important step forward for our district and our community,” Lewis said in a statement. “Receiving $1.85 million will help offset the remediation costs at Groff while allowing us to remain focused on what matters: providing safe, high-quality learning and working environments for our students and staff.” 

Lewis told the Columbia Basin Herald the district remains committed to recovering costs associated with repairs at the school. 

“The district is taking every measure possible to recover all costs associated with the fixes to Groff,” Lewis said in an interview with the Columbia Basin Herald.  

The agreement also includes a provision requiring Design West to provide limited assistance to the district as it continues pursuing claims against remaining parties in the lawsuit. The settlement specifically reserves the district's right to continue seeking damages from Fowler General Construction, its subcontractors and other defendants. 

Design West expressed support for the school's reopening in a statement provided through the district. 

According to the district, the firm said it is eager to see Groff Elementary reopened and appreciates having had the opportunity to participate in the project. 

For many families, however, the most significant milestone is the school's return to service. 

“Families can fully expect to move back into Groff completely in September when school starts this year,” Lewis said. “We already have teachers' classroom materials being moved in today.” 

The settlement follows mediation between the district and Design West on June 2 and formally resolves all claims between those two parties related to the school's design and construction.  

The district's broader lawsuit regarding alleged construction defects remains ongoing.