Wheaton settles gym floor lawsuit

Engineer reports improper humidity likely the cause of damage

The Wheaton school district has settled a lawsuit with Four State Maintenance Supply, the installer of its gym floor, after conflicting reports determining the cause of the damage.

According to court documents filed in the U.S. District Court Western Division in Missouri, Wheaton filed the lawsuit on Oct. 26, 2021, claiming “insufficient workmanship” by Four State Maintenance Supply Inc., of Coffeyville, Kan., led to separation of boards in all areas; paint peeling in all areas; unfinished, exposed boards showing beneath peeling finish due to separation; and “dead spots” in the floor, which cause the floor to give and for volleyball standard lids to pop up.

In response, Four State denied the allegation, asserting the district did not maintain proper humidity levels in the facility, which is what caused the damage, and as such, the floor was not covered by its warranty.

The installation began on March 17, 2020 and was completed on July 21, 2020, with costs in excess of $90,000. Wheaton filed the lawsuit on the basis that the warranty covered “finish and/or paint delamination caused by improper installation,” claiming it had followed all recoat guidelines and maintained proper humidity levels. The district sought $90,000 in the suit, as well as attorney fees and court costs. The total cost of the floor was $106,773.

In November 2023, a report was completed by an engineering expert from Aurora, Ill., retained to examine the floor.

The engineer examined of the flooring surface, subfloor, construction members, the outside of the structure in which the gym floor is located and the de-humidification systems present at the facility.

He concluded damage was not related to defective construction. The floor had been coated at some point prior to the inspection, but based on questions asked during the inspection, the floor had not been treated prior to that application, and any application was made after the damage to the floor had occurred.

Any separation of the flooring surface, the engineer said, as well as dead spots in the floor, resulted from improper environmental controls associated with a lack of ambient humidity and/ or water infiltration at various points after the floor installation.

He also said issues with ambient humidity fluctuations most likely resulted from the improper use of the de-humidification systems running under the sub-flooring during periods of already low ambient humidity.

The Maple Flooring Manufacturers Association recommends maintaining indoor humidities between 35-50 percent and air temperature between 55-75 degrees, yearround. If flooring materials are properly acclimated, a 15 percent fluctuation will not affect the maple, but variations in excess of 15 percent may cause excessive shrinkage or expansion.

The settlement reached between Four State Maintenance and the Wheaton school district releases the former from any and all liability relating to the gym floor. State Farm, Four State Maintenance’s insurer, settled with the school district outside of court.

The previous flooring at the Wheaton gym suffered severe water damage over the years, caused by a leak in the east wall which made the floor start to cup. Damage to the new floor was noticed in late January and early February 2021.