MOSES LAKE — The Moses Lake School District announced earlier this year it would be pursuing litigation with Fowler General Construction, the company that built Groff Elementary School, and a third-party guarantor, Western Surety Company. The district claims there were defects, misrepresentations, and concealment associated with the project, according to MLSD Director of Public Relations Ryan Shannon.  

“The school district has engaged various experts, including damage experts, who will comprehensively detail the damages that the school district is seeking from Fowler,” Shannon said. “Those damages will include the school district’s legal claims related to Fowler’s and its subcontractors’ defective work, the school district’s costs to remediate the work and the damages associated with the school district’s inability to use Groff Elementary for years.”  

Fowler officials declined to comment directly but instead referred the Columbia Basin Herald to its attorney, Rick Wetmore at Dunn and Black Law Firm.  

“Fowler will be staunchly defending itself against the school district’s allegations,” Wetmore wrote in an email to the Columbia Basin Herald. “This case is early in the litigation and investigative process.” 

The school was paid for by a nearly $27 million voter-approved bond in 2017. Groff Elementary opened in 2021. About $18.1 million of that bond funding was used to build the campus. 

Fowler General Construction was the initial contractor of the school. Repairs are being completed by a different contractor, Graham Construction.  

The district anticipates being able to re-open the school in the 2026-27 school year, according to Shannon.  

During a regular board meeting March 6, 2025, district officials announced Groff's closure for the remainder of the year because an unidentified person had received an electrical shock on campus.  

“What has been done is lots of testing, lots of repairs,” Superintendent Carol Lewis said during the meeting. “We first have to figure out exactly what the problem is and then make the proper repairs to the building.”  

Originally, Groff was only going to be closed for the week, but after further consideration, the district decided to close the building for the remainder of the 2024-25 school year and for the 2025-26 school year.  

“Since we've identified the concerns related to the school's construction, we've engaged in a really extensive consultation with forensic building experts and contractors and legal counsel so we could understand the scope of what we're facing with this school,” Lewis said. “After all of this analysis and with strong recommendation from the experts, we've determined that we need to keep Groff Elementary closed for the (2025-26) school year as well.”  

However, Wetmore disputed the district’s claims, saying there was no need to close Groff for the school year. 

“Indeed, Fowler strongly disputes that there was any need or justifiable basis supporting the district’s decision to abandon the Groff Elementary building for the 2025-26 school year under the auspices of ‘health and safety’ concerns,” Wetmore wrote. “It is notable that the building had been open and operating since the fall of 2021, prior to the district’s decision to close the school in the spring of 2025.” 

Shannon said the district is working on repairs, including HVAC, electrical, stairs, uneven flooring and the gym floor.  

“We went through and mitigated some of the situations that we had uncovered through a multitude of discoveries at Groff Elementary,” Shannon said. “We can’t go into full detail because we are in an active lawsuit, but there are a variety of things from the grounding of the facility to the uneven flooring.”  

Shannon said repairs are progressing on schedule.  

Wetmore said Fowler believes the district’s complaints have been exaggerated to fit what he called the “district’s desired narrative.” He also said the district’s claims are not supported by actual evidence.  

“Fowler believes the evidence will conclusively confirm that the events identified as the purported basis for closing the school were related to static electricity commonly experienced by other businesses and entities in the local community and entirely unrelated to the means, methods or quality of construction,” Wetmore wrote.  

However, Shannon said the district has uncovered extensive evidence of the defects in the construction of the school. 

“The district plans to pursue its full remedies for these defects in court,” Shannon said.   

Wetmore said the district is planning to amend its complaint to add defendants from the district’s contracted design team.  

“Fowler had no responsibility,” Wetmore wrote regarding the district’s design team.  

Shannon confirmed the district is planning to amend the complaint to add the project architect, Design West.  

“Among other claims, the district will assert claims against the architect for failing to administer the project consistent with the standard of care and failing to inform the district of major defects and deficiencies in the project’s construction,” Shannon said.  

Lewis has said the design of the campus is sound, but it was the execution of the work to build the campus that has been found lacking. 

As of Wednesday, the discovery process is underway.  

“The school district is seeking comprehensive written discovery from Fowler and its Surety, including documents and records related to the extensive nonconforming work,” Shannon said.  

As part of discovery, the district has issued subpoenas to more than a dozen nonparty entities – the subcontractors – that worked on the project. The district is looking to obtain all project-related records as part of its investigation, Shannon said.  

The district expects to have expert reports between September and November 2026.  

“Those reports will detail the significant defects that have been uncovered at Groff Elementary School,” Shannon said. 

The trial is set for March 1, 2027, in Grant County Superior Court. It is expected to last around 20 court days, or around five to six weeks. The trial will be heard by a 12-person jury.