A Pennsylvania judge has awarded more than $42 million to glazing contractor Ventana Design-Build Systems in its long-running legal dispute with general contractor Tutor Perini over the construction of the 51-storey W Hotel Philadelphia. The ruling concludes that Tutor Perini’s project mismanagement and repeated contractual breaches caused extensive delays and significant financial losses for the façade specialist.

Ventana was responsible for the design, fabrication and installation of the building’s exterior glazing systems, including the aluminium curtain wall and window wall systems, under a subcontract valued at approximately $14 million. However, the court found that the contractor’s work was repeatedly disrupted by poor coordination of subcontractors, defective concrete construction and improper rebar placement, which prevented the glazing systems from being installed as planned.

According to the ruling, Tutor Perini failed to supervise concrete pours adequately, resulting in reinforcing steel being positioned incorrectly. Ventana was also forced to deal with debris left by other trades, restricting access and delaying the transportation and installation of façade components throughout the project.

The court further determined that Tutor Perini acted in bad faith by concealing its knowledge of concrete defects, blaming Ventana for delays, withholding payments without justification and refusing to approve legitimate change orders. The judge also dismissed the testimony of Tutor Perini’s damages expert, describing the evidence as lacking credibility.

Significantly, the court ruled that Tutor Perini could not enforce the subcontract’s “no damages for delay” clause because its own active interference caused the disruptions. The decision follows another major judgment issued earlier this year, when developer Chestlen Development secured more than $174 million in damages against Tutor Perini over the same W Hotel project, which opened in Philadelphia in 2021.