U.S. Joins Lawsuit Over John wayne Airport Taxiways

The federal government has joined a whistle-blower lawsuit alleging a contractor used weak concrete to construct the aprons and taxiways at John Wayne Airport, which will require early repavement.

The lawsuit does not specify a damage amount, but it could potentially run into the millions of dollars. The allegedly subpar work on the $14.2-million John Wayne project does not pose a safety risk.

Two subcontractors in Denver filed the suit in 1995. The suit also claims that Ball, Ball & Brosamer Inc. of Alamo in Northern California used faulty materials in two runway projects at Denver International Airport. The company was to be paid $29 million for that work.

Ron Bruce, acting president of BBB, said the allegations are untrue.

“We have pressured the U.S. attorneys office to either terminate and drop the lawsuit or proceed with it because we believe it’s totally without foundation or merit,” he said.

John Wayne Airport is not a party to the lawsuit. The Costa Mesa facility reached a settlement agreement with BBB several years ago, said airport spokeswoman Kathleen Campini Chambers.

This is the latest legal action to come from the trouble-plagued expansion of John Wayne Airport, a project completed in 1990.

Whistle-blower suits are held under seal while the U.S. Justice Department investigates the allegations and decides whether to join the action. The government notified the U.S. District Court in San Francisco on Sept. 10 it was entering the case.

If successful, the plaintiffs could receive 15% to 25% of what the government recovers, said their attorney, Peter Chatfield.