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# SM City Hall sued for library asbestos delivery
- URL: https://www.smdp.com/sm-city-hall-sued-for-library-asbestos-delivery/
- Published: 2005-03-14T16:00:00.000Z
- Updated: 2026-10-23T06:14:38.000Z
- Author: Ryan Hyatt
- Tags: Government & Politics, Downtown, #archive-import

*Attorney says city not responsible for soil at site*

DOWNTOWN — A major Los Angeles County industrial developer filed suit against Santa Monica City Hall this week, alleging it was responsible for providing asbestos-contaminated soil to its construction site.

Watson Land Co. is seeking unspecified damages for fill soil used to build its Dominguez Technology Center, 1535 Beachey Place, in Carson, Calif. The soil was contaminated with asbestos that originated from the Santa Monica Library, said Pilar Hoyos, a Watson spokeswoman.

“Our contractors immediately noticed bits of pipes in the soil that were contaminated with asbestos,” Hoyos said. “We began the remediation process and tried to get some resolution from Santa Monica, which did not accept responsibility. It’s been difficult to recoup costs, in the millions.”

Watson said in a July 2004 claim against City Hall that it received the soil in August of 2003 from Shoring Engineers, Inc., a subcontractor for Morley Construction Co., which is the general contractor in charge of building the new Santa Monica Library. The old library, located at Sixth Street and Santa Monica Boulevard, was razed in June 2003 to accommodate the site that is still under construction, said librarian Greg Mullen. The $57.8 million project is expected to be completed in January 2006.

Deputy City Attorney Eriko Matsumoto said Morley Construction Co., which entered into a contract with the city, had an obligation under the law to provide uncontaminated soil — a point Hoyas said Watson will attempt to address in the lawsuit.

The South Coast Air Quality Management District issued a notice of violation April 30, 2004, against Santa Monica and Morley Construction Co. as a result of the soil delivery, according to a city audit.

Matsumoto said the Watson claim was rejected last year by City Hall’s risk management department, which is what prompted the company to file suit.

“The city was not responsible for what happened on site,” Matsumoto said.

Charlie Nugtillo, vice president of Morley Construction Co., said he was not aware of a claim filed against Morley or City Hall regarding the alleged soil delivery.

Shoring Engineers, Inc., didn’t return calls seeking comment.

Matsumoto said the Santa Monica Library site has been cleared of asbestos.

“The site has been fully and completely remediated,” Matsumoto said.

Assistant City Manager Gordon Anderson said the remediation occurred between September and November of 2003\. He said the cost is still being tabulated, and because the issue is now in litigation, he was unable to comment further.

Asbestos is the common name for natural minerals that easily separate into dust fibers, according to the Environmental Protection Agency. Asbestos is chemically inert and heat-resistant, which makes it useful for fireproofing and insulating. Once considered a health risk only for asbestos workers, it’s said to be a potential hazard for millions of people on and off job sites who are routinely exposed to it, according to the EPA.

Watson didn’t specify the exact amount of damages the company is seeking. However, the lawsuit seeks to recover from the loss, which includes the cost of assessing the contamination; repairing and restoring the Dominquez site; increasing construction costs from the contamination delay; missed rent, financing and business opportunities; diminution of property value; future insurance costs; and damage to business reputation.

The Watson Land Co. has master planned more than 1,000 acres of industrial and commercial property, according to a company profile. In addition, Watson has developed and now owns and manages approximately 12 million square feet of industrial, office and technology buildings and business centers.

Morley Construction Co. is one of the largest Southern California-based general contractors, specializing in projects built principally of steel and reinforced concrete, according to a company profile. Morley constructs commercial, institutional and multi-family residential buildings, as well as parking structures. Morley also protects older structures through seismic strengthening, modernization and preservation efforts.

Shoring Engineers has performed work throughout the western United States since 1964, with projects completed in California, Arizona, Utah and Nevada.

*Originally published in the Santa Monica Daily Press print edition on March 14, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/031405.pdf?ref=smdp.com)