Classrooms, offices and a dormitory for the Cleveland Institute of Music as well for Case Western Reserve University students is at 1609 Hazel Dr. in Cleveland’s University Circle. But the southern and, to the right in this September 2022 streetview, western exterior wall panels will have to be replaced due to “defective workmanship” according to a pending legal complaint (Google). CLICK IMAGES TO ENLARGE THEM.
Cost to repair new façade hits $1.7M
Less than six years old, the Cleveland Institute of Music’s (CIM) new building called 1609 Hazel at its namesake address in Cleveland’s University Circle, has suffered extensive water damage due to alleged poor construction. And the bill for pending repairs just came in — $1.7 million, according to public records filed with the city.
Cleveland-based J. KURTZ Architects filed paperwork with the Cleveland Building Department to start the costly repair work on the entire south and west sides of the building. At the same time, a legal battle over who’s responsible for the workmanship appears to be heading for trial later this year.
In his permit application submitted to the city on May 11, KURTZ Architect Christopher Diehl noted that the work involves “Selective tear down and repair of the exterior wall panel system which was not constructed in accordance with the previously submitted and approved plans.”
“Work will include removal and replacement of cladding panels, sheathing, framing and insulation,” he added. “(The) existing established use — residential units, classrooms, and amenity spaces are to remain unchanged.”
NEOtrans reached out to CIM about the repairs and to learn the impacts on students but received no reply prior to publication of this article. Case Western Reserve University (CWRU) also has students residing at 1609 Hazel. CWRU said it was aware of the situation and will take care of its students.
This photo was taken in 2020, shortly after construction of 1609 Hazel was substantially completed. It shows the south side of the building and its exterior wall panels that will have to be repaired or replaced (photo courtesy of John G. Johnson Construction Inc.).
“Case Western Reserve leases two floors of the building for student housing during fall and spring semesters and is taking steps to insure that students aren’t impacted by the (repair) project,” CWRU said in a written statement.
The five-story, 117,000-square-foot building was constructed from 2019-2020, opening to students in the middle of the global pandemic in August 2020. But because of the pandemic, not all of the new facilities including educational spaces could be used at the outset.
Those spaces included 20 sound-isolation practice rooms, classrooms and offices on the first floor, with 64 apartments on the four stories above, or 16 units per floor. The site is designed with a new fire access drive as well as covered and surface parking lots.
A pre-cast concrete podium serves as the base for the four-story wood-framed structure above, according to its general contractor, John G. Johnson Construction Co., of Cleveland. The residential units range in size from studios to four-bedroom apartments.
But the workmanship and their repairs has prompted a civil case — Cleveland Institute of Music vs. Vocon Partners LLC et al — that was filed Aug. 29, 2025 in Cuyahoga County Common Pleas Court and is being heard by Judge Carl Mazzone.
Construction was just getting underway in 2019 for the Cleveland Institute of Music’s new building on the institute’s property (Google).
“As a result of significant water infiltration, exterior sheathing and wood stud framing have rotted and exhibit biological contamination. Evidence of substantial damage to exterior sheathing and even structural members is observed,” the institute said in its complaint filed with the court.
“The project has suffered from substantial defective workmanship on the part of the contractors, and lack of proper observation from the project architect in assessing contractor performance and verifying performance, and lack of proper administration of the project,” the complaint continued.
Defendants in the case are John G. Johnson Construction, architect Vocon Partners, manager Bowen Construction Services LLC, all of Cleveland. Third-party defendants are Fox Enterprises of North Canton, A&R Builders of Millersburg, Runyon & Sons Roofing Inc. of Mentor, Ameriseal and Restoration LLC of Kent, plus Steingass Mechanical Contracting LLC of Akron.
Third-party defendants Runyon & Sons Roofing, Ameriseal and Restoration, plus Steingass Mechanical Construction were added as a result of complaints filed by John G. Johnson Construction. Fox Enterprises was added a result of a complaint filed by Bowen Construction Services. A&R Builders was added by CIM.
Hazel Drive in University Circle is filled with student housing for Case Western Reserve University, the Cleveland Institute of Art and the Cleveland Institute of Music (Google).
Through their legal counsels, all defendants have denied wrongdoing, and/or affiliation with CIM and/or claimed protection by indemnification clauses with their subcontractors. Multiple motions to dismiss the complaints against them were filed. Those motions have so far been substantially denied, according to court records.
“There is no contractual relationship between Vocon and CIM related to the project,” wrote Vocon attorney Brian Winchester in a court brief. “Vocon was hired by the original developer NewBrook Partners and lacks privity of contract with CIM who is a subsequent purchaser of the project.”
Privity of contract is a fundamental legal doctrine establishing that only the parties directly involved in a contract can enforce its terms or be held liable for its obligations. It protects both parties from lawsuits brought by outside third parties who are not part of the agreement.
Winchester also wrote in his brief filed with the court that CIM’s claim for professional negligence — insufficient oversight of the construction work — is barred by a four-year statute of limitations.
First-floor sound-proofed practice rooms, classrooms, offices and even some covered parking spaces are topped by student residences for the Cleveland Institute of Music and Case Western Reserve University (photo courtesy of John G. Johnson Construction Inc.).
In early 2018, CIM partnered with NewBrook Partners (NBP) of Rocky River to develop 1609 Hazel on land owned by the institute. A memorandum of understanding was signed between CIM and NBP, with NBP leasing land owned by CIM.
Through its project-specific affiliate 1609 Hazel LLC, NBP constructed the project and leased it back to CIM and to Case Western Reserve University for student housing. In its memorandum of understanding, CIM would have an option to purchase the project from NBP following 1609 Hazel’s completion.
By June 2022, CIM took full ownership of 1609 Hazel and all contracts associated with the project — including the architect agreement and construction contracts, according to court filings by CIM’s attorney David Walters at Thompson Hine LLP.
“By virtue of the assignment of contract, intangibles and warranties, CIM has stepped into the shoes of 1609 Hazel and has a valid legal interest in the construction contracts and the architect agreement, thereby affording CIM the right to pursue claims for breaches of those agreements against the various parties thereto,” Walters wrote.
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