https://www.newsweek.com/barack-obam...nation-2024316
Published Jan 31, 2025 at 12:08 PM EST
A federal lawsuit reviewed by Newsweek alleges that a company involved in constructing the Obama Presidential Center subjected a Chicago-based Black American-owned subcontractor to "baseless criticism and defamatory and discriminatory accusations" and blamed the company for construction delays.
"In a shocking and disheartening turn of events, the African American owner of a local construction company finds himself and his company on the brink of forced closure because of racial discrimination by the structural engineer of record (Thornton Tomasetti) for the construction of The Obama Presidential Center," the case reads.
"At this time, we don't have any comment," attorney John Sebastian at Watt, Tieder, Hoffar & Fitzgerald, who is representing the subcontractor, told Newsweek.
The Obama Foundation told Newsweek that it "is not a party to this lawsuit, nor will it cause any delays in the concrete work, which has already been largely completed."
Newsweek reached out to Thornton Tomasetti and was told the press contact would "find out" if the company wants to comment.
Why It Matters
The Obama Presidential Center, which is under development in Chicago, is a cultural and historic landmark as a tribute to former President Barack Obama, the first Black president of the United States. His election in 2008 reflected a change in the country's demographic and political landscape, both of which will be a theme of the center, focusing on democracy, leadership and public service.
What To Know
The lawsuit was filed on behalf of Robert McGee Jr. in the United States District Court for the Northern District of Illinois Eastern Diversion on January 17. McGee owns II in One, a company based in the south side of Chicago that has provided concrete and rebar services for the Obama Presidential Center since 2021.
McGee is seeking $40,753,475 in construction costs from the New York-based engineering consulting firm Thornton Tomasetti.
Thornton Tomasetti has been a part of numerous well-known projects, including the concrete high-rise office building at 10 Hudson Yards in Manhattan, the Arecibo Radio Telescope in Puerto Rico, New Orleans' Caesars Superdome, Las Vegas's T-Mobile Arena, Chicago's Navy Pier, Minnesota's Sherman Minton Bridge, Wimbledon No. 1 Court and the visitor facility at the Washington Monument.
The firm was hired by The Barack Obama Foundation to serve as a structural engineer in the presidential center's construction, according to the lawsuit.
The lawsuit says that II in One and its joint venture partners were "subjected to baseless criticism and defamatory and discriminatory accusations" by Thornton Tomasetti.
"Moreover, Bob McGee was aware and supportive of the Obama Foundation's diversity and inclusion goals for the Project and never imagined that the Obama Foundation's structural engineer would single out a minority-owned subcontractor for unfair criticism and falsely accuse II in One of lacking sufficient qualifications and experience to perform its Work, while, in the same letter, stating that the non-minority-owned contractors were sufficiently qualified," the lawsuit states.
II in One has been in operation since 1984 and is a part of the Black Contractors United and the Concrete Contractors Association. The company is one of three joint venture partners that create Concrete Collective. The other two, Trice Construction Company and W.E. O'Neil Construction Co., are also plaintiffs in the case.
II in One has worked on projects such as the Harold Washington Center, Millennium Park, the residential commons on the north campus of the University of Chicago and Kennedy King College.
The lawsuit alleges that Scott Schnieder, senior principal and structural engineering practice co-leader at Thornton Tomasetti, sent the Obama Foundation a memorandum suggesting "the construction issues were all unequivocally driven by the underperformance and inexperience of the concrete sub-contractor."
The lawsuit alleges that Thornton Tomasetti made an "improper and unanticipated decision to impose rebar spacing and tolerance requirements that differed from the American Concrete Institute standards," which, in addition to "Thornton Tomasetti's excessively rigorous and unnecessary inspection and Request for Information process," resulted in "millions of dollars in losses to II in One and Concrete Collective."
In another "false statement about Concrete Collective," the memorandum said, "a more experienced contractor would not have had this many problems."
"The Obama Foundation relied on the Defendants' false statements about II in One when it decided to reject Concrete Collective's REA (Request for Equitable Adjustment)," according to the lawsuit.
The 2024 memo, attached to the court documents, shows Thornton Tomasetti stating its "construction documents and preconstruction efforts were entirely appropriate." The memo also showed photos of "significant cracking" in the slab poured for the library and "partially exposed reinforcement" in the area.
Most of Concrete Collective's "compensable costs" come from loss in labor productivity, which the lawsuit says comes from the "unexpected" project specifications, prevention of "logical flow of work" as well as the "lack of mechanical, electrical and plumbing design coordination."
Delay In Work, Going Over Budget At The Barack Obama Presidential Center
The Obama Presidential Center has faced yearslong delays. The center, commemorating the 44th U.S. president, will be a museum, library and education project with community and conference spaces.
The Center has been the core of debates around the gentrification of the South Side neighborhood and Jackson Park. Nonprofits like the Friends of the Parks opposed the loss of parkland and had threatened to sue to block developments, but the plan to build the center was approved shortly after a lawsuit was filed. The Supreme Court denied the request to hear the case in 2021.
Preliminary plans for the center were unveiled in 2017. Construction was expected to begin in late 2018, but it started in 2021. The center is scheduled to open in the first half of 2026.
In 2022, construction of the library was halted for several days after a noose was found on site.
Concrete work ended in October 2024, according to the Obama Foundation. Obama visited the construction site last June for the "topping off" of the museum building.
The center was first announced with a budget of around $500 million. However, in 2022, the project cost increased to about $830 million. Some suggest it could be even higher.
What People Are Saying
Emily Bitter, a spokesperson for the Obama Center, told Newsweek: "If the Foundation believed that any vendor was acting with a racist intent, we would immediately take appropriate action. We have no reason to believe that Thornton Tomasetti acted with racist intent."
What Happens Next
Judge Jeffrey Cummings has been assigned to the civil case. Four attorneys have entered their appearance to represent McGee and II in One as of January 29.
Schneider was served a summons on January 24 in Westchester County, New York. He has until February 14 to respond.
