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Dallas Design Firm Settles Claims Over Tower

DALLAS (CN) - The developer of a 26-story office tower in uptown Dallas has dropped its negligent design suit against firm BOKA Powell.

In a December 2011 complaint, International Center Development IX said that its St. Ann Court office building and restaurant were improperly designed by the Dallas-based BOKA. International Center also asked the Dallas County Court to remove BOKA's mechanic's lien and to quiet title the real property.

Construction of the development commenced in late 2009 when International discovered "serious errors and omissions" in BOKA's architectural drawings, the complaint stated.

International said the architectural drawings "required an inordinate amount of revisions," and that BOKA "failed to provide complete and unambiguous drawings in a timely manner and consistent with industry standards."

A negligently designed concrete beam allegedly left insufficient clearance in the development's garage, and BOKA failed to advise pre-cast concrete panels needed sealant, according to the complaint.

International Center also alleged improper design of elevator machine room stairs, bathroom doors, the HVAC system, the electric vault and other things. It said it spent more than $1.1 million on corrective measures.

On Tuesday, the parties filed a joint motion to dismiss with prejudice with Judge Carl Ginsberg.

"Plaintiff and defendant have fully and finally resolved any and all disputes that exist between them, therefore, the parties seek to have the court dismiss all claims and counterclaims filed in this case with prejudice to the refiling of the same," the two-page motion states.

Terms of the settlement were not disclosed.

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