Safety First: Public Safety vs. Due Process
Does public safety take precedence over due process in a pending litigation? An on-going construction defects case in Las Vegas, Nevada recently addressed this concern. Clark County District Judge Elizabeth Gonzalez recently approved a petition to demolish the Harmon Hotel—a never-opened 26-story structure fronting Las Vegas Boulevard between the Crystals shopping center and the Cosmopolitan resort—acknowledging the public safety risk if the building were to collapse during an earthquake. The Harmon was originally was designed to be a 40-story boutique hotel but has sat unfinished, as a costly Cirque du Soleil billboard since construction was halted in 2010 after the discovery of defects involving missing or improperly installed reinforcing steel. The owner, CityCenter, blames Tutor-Perini, the general contractor and its subcontractors saying demolition is the surest way to deal with the dangerous structure. The general contractor was sure the Harmon could be repaired and claims CityCenter is just trying to get rid...