Why North Quincy Station T parking garage isn't open. $3 million suit alleges 'defects'

QUINCY ‒ The massive residential and commercial complex known as The Abby in North Quincy is embroiled in a $3 million lawsuit claiming “widespread, costly design defects,” according to the complaint filed in Suffolk Superior Court.

The 1,600-space parking garage with 852 spots reserved for MBTA commuters that was to open in the summer of 2020 is still not entirely open. The T spaces have gone unused due to design defects, the complaint says. The first residential part of The Abby and Target both opened in 2021.

The owner of The Abby in North Quincy has filed a lawsuit against its architect. Maryland-based Bozzuto is suing ICON Architecture, of Boston, for breach of contract, neglect and professional malpractice. Bozzuto seeks “damages in excess of $3 million” plus interest and attorney fees, according to court filings.

Associate Principal for ICON Matt Marotta said it's "unfortunate' that Bozzuto decided to file suit. "We did a great job for them," Marotta said. "The claims are misplaced."

Atlantic Development, the Hingham-based firm chosen by the city to develop a garage and residential/commercial project on the old Ross Lot in downtown Quincy, partnered with Bozzuto on The Abby. Atlantic Development did not respond to a request for comment.

5 levels of The Abby garage are too dark, lawsuit says

During construction, Bozzuto discovered “errors and omissions” throughout the project, the complaint says. It claims that the garage’s light fixtures on levels two through six fail to meet brightness requirements set by the MBTA. Ground-level parking beneath the building is currently open to Target and Paris Baguette customers.

Mayor Thomas Koch confirmed there is an issue with the light fixtures, saying that MBTA officials told him they have a "punch list" the developer needs to complete before they'll accept the garage.

The complaint says ICON's plans provided for only half the MBTA-required illumination on levels 2-6 of the garage, while the roof level met only 25% of the lighting requirement.

The problems with garage have not yet been fixed.

"After inspectors identified these clear departures from the MBTA requirements, (Bozzuto) expended, and will continue to expend, substantial resources to rectify ICON's mistake," the complaint reads.

Portions of the parking garage reserved for tenants are open. Unassigned spots in a general parking area cost $175 per month and assigned spaces cost $200, a Bozzuto spokesperson said.

T Commuters can still park on the west side of the red line tracks at a 347-spot parking garage on Newport Avenue, according to Parkopedia.

An MBTA spokesperson issued the following statement:

"We appreciate our riders' patience as we work with the developer to ensure a smooth transition of the garage to MBTA control, and we will provide updates on the garage's opening as more information becomes available."

Other problems alleged at The Abby

Other design flaws affected apartments’ shower basins, which still have to be removed and replaced because their bottom ledges, which bathers step over to enter the shower, were too high to meet accessibility standards, the complaint says.

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Bozzuto’s complaint lists dozens of additional problem areas which it blames on ICON, including a firewall between buildings, electronic access systems, the deck above the fitness area, balconies, trash rooms, windows, storefronts, concrete piers, ramp handrails, apartment entry lights and the stairs and egress door of the Target store.

The complaint says Bozzuto has already repaired the firewall and the deck above the fitness area. It is unclear whether the other issues have been fixed.

All of The Abby's apartments are now open to tenants, according to Inspectional Services Director Rob Conlon. Conlon said there aren't currently any building code problems at the development.

Bozzuto has a significant presence in Quincy, where it manages multiple properties. These include FoxRock's Ashlar Park on Whitwell Street and the new Center and Stone buildings in Quincy Center. It also manages Meriel Marina Bay Apartments, where it is co-defendant in a class-action lawsuit brought by tenants.

Neither ICON Architecture nor Bozzuto’s attorney James Peloquin responded to email and telephone requests for comment.

Built over a former MBTA surface parking lot, the Abby stretches over 7.2 acres along the North Quincy T station. It contains over 600 apartments and 50,000-square-feet of commercial space, including a Target and Paris Baguette bakery. The MBTA still owns the land and collects rent from the owner in a 99-year lease.

Peter Blandino covers Quincy for The Patriot Ledger. Contact him at pblandino@patriotledger.com.

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This article originally appeared on The Patriot Ledger: The Abby in Quincy sues its architect for $3 million over design flaws