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NDSU will be suing three contractors it hired to work on the Minard Hall's north-side renovation project before the partial collapse in December 2009.

JLG Architects, Heyer Engineering and Northern Technologies Inc. are facing a complaint filed by NDSU that alleges they were responsible for the collapse and damages associated with the collapse of Minard Hall.

According to court documents prepared by NDSU, the university is asserting negligence on the grounds that the contractors failed to properly test soils prior to excavation, provided a defective design and failed to identify the defect prior to the collapse.

Heyer Engineering was hired as a consultant to JLG Architects during the process, and NTI was hired for geotechnical exploration and consulting services.

NDSU's documents assert that NTI created drawings at the request of Heyer Engineering, which was itself working under an agreement with JLG Architects. Construction of a retaining wall began in early November 2009, nearly two months before the collapse.

Heyer Engineering "denies the allegations that [it] was engaged to design or designed any retaining wall or excavation located adjacent to the north end of Minard Hall," according to court documents the contractor prepared.

According to the documents prepared by NDSU, JLG Architects became concerned about the slope of the excavation in early December, but both Heyer Engineering and NTI found the slope to be compliant.

However, JLG Architects insists its discussion minutes for this meeting are inconsistent with these allegations, and Heyer Engineering denies that JLG Architects asked them to confirm the contractual compliance of the slope.

NDSU's complaint concludes by claiming, "After the collapse, but still on Dec. 27, 2009, Heyer Engineering stated that it thought there was a problem with the soil which had been discussed three or four times with NTI and JLG Architects."

Heyer Engineering specifically denies these final claims.

JLG Architects asserts that it was not their contractual or legal obligation to design the excavation. The contractor also claims that its responsibilities did not include establishing a soil testing protocol or geotechnical exploration program.

Heyer Engineering's answer to the complaint claims that NDSU and the State Board of Higher Education had responsibility for geotechnical engineering.

NTI claims that its services had no role in the collapse and that the university's "own acts, omissions, negligence, assumption of risk or other fault, including its failure to exercise reasonable care to avoid or minimize the collapse or any resulting damages, was the sole proximate cause, or contributed to the cause, of [NDSU's] claimed damages, if any."

The amount of the damages will be determined in trial, but the amount will include costs incurred as a result of both the collapse and the creation of the modified plans.

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