ASHWAUBENON - A faulty roof installed on the Manseau Flats apartment building during construction caused mold and water damage to the 3-year-old building.

The roof problems led VJS Construction, the Pewaukee-based general contractor of the Manseau Flats luxury apartment building in Ashwaubenon, to question in September whether the roof might collapse due to the weight of snow in a letter to the subcontactor that installed the roof.

The problems with the roof were first identified in May 2021. A year and a half later, the issue of who's responsible for repairing the roof of the 78-unit building at 2480 Marina Circle is the subject of a lawsuit in Brown County Circuit Court.

Bedford Development, which developed and owns the $10.3 million apartment building on the shore of the Fox River just north of State 172, on Aug. 4 sued VJS Construction Services for breaches of contract. VJS' 2017 construction contracts included taking responsibility for all subcontractor work and pledges that all work would conform to requirements laid out in building plans.

The civil suit seeks payment for the cost of replacing the roof and repairing water and mold damage, lost income from displaced tenants and the cost of finding tenants alternative housing during repairs.

It is not clear from court documents whether the roof has been fixed. An attorney for Manseau Flats declined to comment, as did a representative of Nations Roof North, VJS' roofing subcontractor. A representative of VJS did not return Press-Gazette interview requests seeking comment about the complaint and the building's status.

Manseau Flats construction started in late 2017 and the first tenants moved into the building in fall 2018. VJS was hired to be the general contractor and hired Nations Roof North in late 2017 as the subcontractor to install the roof.

Residents by late 2020 began to report moldy odors, damaged ceiling tiles and water condensing in light fixtures, smoke alarms and fire alarms, according to court documents. The building's owners notified VJS and three separate experts examined the sixth floor and roof to determine what was wrong.

The experts each found the roof lacked a one-inch expanded polystyrene board and "as a result, the roof suffers from pervasive condensation and mold-related issues and must be replaced," according to the complaint.

On May 6, 2021, Bedford Development sent VJS and its insurance carrier a notice of default regarding the roof, according to case records. In the following months, VJS sought an action plan from Nations Roof to address the building's condition. Court records do not indicate whether that plan was submitted to VJS.

Village officials said Manseau Flats residents contacted them last year with concerns. The village followed up with the property owners who said the roof was being addressed, said Aaron Schuette, the village's community development director.

The village does not require a building permit for roof repairs, though, so Schuette could not say this week if the roof's problems have been addressed.

Contact Jeff Bollier at (920) 431-8387 or jbollier@gannett.com. Follow him on Twitter at @JeffBollier. 

This article originally appeared on Green Bay Press-Gazette: Ashwaubenon apartment building owners sue contractor over leaky roof