WILLIAMSPORT — A federal judge has dismissed the breach of contract lawsuit the owners of the air-supported sports dome in Lycoming County filed against the companies that designed and installed it.
U.S. Middle District Senior Judge James F. McClure Jr. Tuesday ordered the dispute over repairs to the dome near the Lycoming Mall resolved through arbitration as stated in a contract between the owner and prime contractor.
Turkey Run Partners of Montoursville had sued Airstructures Worldwide Ltd. and about a dozen other Missouri companies alleging problems the fabric, cable grid system, foundation, mechanical equipment and air handling and pressure systems.
The problems have led to rusted cables, leaks, fabric separating and a partial collapse under the weight of snow in February 2007, the court complaint stated.
The suit also alleged the defendants misled Turkey Run about their experience in constructing similar domes and not following specifications for some materials.
In dismissing the suit, McClure cited a clause in the contract between the owners and Airstructures that stated any controversy shall be exclusively settled by arbitration in St. Louis, Mo., administered by the American Arbitration Association.
“We cannot conclude the plaintiff (Turkey Run) has proffered any legitimate evidence of fraud, misrepresentation, unconscionability, economic duress or any other defense which would render the arbitration provision unenforceable,” McClure wrote.
Turkey Run claimed it initially was not provided the reverse side of the agreement that contained the arbitration clause but the judge said he viewed those affidavits with skepticism.
The sports dome, completed in October 2006 at a cost of $1,415,048, now is operated by the River Valley YMCA, and is part of the $4.8 million Generations Sports Complex. The YMCA’s East Lycoming branch is nearby.
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