Denver Zoo Sues Designers, Builders Over Defects in Sea Lion Exhibit

Zoo Files Lawsuit Over Exhibit Problems

DENVER — The Denver Zoological Foundation has filed a lawsuit against the designer and builder of its sea lion exhibit, alleging widespread construction and design failures less than a year after the project opened.

The lawsuit, filed in Denver District Court, targets BRS Architecture and Vertix Builders, which led the design and construction of the $19 million exhibit. The project, completed last May, was promoted as a “brand-new, state-of-the-art habitat” featuring saltwater pools, a large viewing window and advanced filtration systems.

Zoo Cites Leaks, Damage and Design Issues

According to the complaint, the exhibit has experienced multiple problems, including leaks, cracked surfaces, rusted cages and hardware, and peeling paint in food preparation areas.

Zoo staff reported “active water seeping through cracks” in a basement wall beneath the exhibit. The lawsuit also cites cracking in performance areas, loose trim, exposed concrete and failures in pipes and pools that have caused leakage. Saltwater has also seeped into surrounding areas, the filing states.

The zoo claims that design errors by BRS Architecture led to reduced pool size, incorrect water levels and higher construction costs. It also alleges the firm failed to provide proper specifications for key systems, including barriers, sump pumps and water purification.

“BRS failed to perform its services with the requisite professional skill and care and otherwise breached its obligations under the Design Contract,” the lawsuit states.

Contractor Also Accused of Poor Work

The lawsuit also faults Vertix Builders, the project’s general contractor. It alleges the company “failed to perform its work in an efficient, good, and workmanlike manner and otherwise breached its obligations.”

The zoo says both companies were notified of the problems but did not fix them in a timely manner. Agreements with both firms required them to address such issues, according to the filing.

Exhibit Remains Open, Animals Safe

Despite the reported defects, zoo officials said the sea lions remain safe and healthy, and the exhibit is still open to the public.

In a statement, the Denver Zoo Conservation Alliance said it is “committed to resolving this matter as efficiently as possible, and to ensuring the habitat stands the test of time and meets the agreed-upon intent to provide our animals with a high-quality environment.”

The zoo added that some problems have already been corrected, while others remain. “It’s important to note that there are no immediate health or safety concerns for the animals,” the statement said. “Our goal is to resolve these issues as efficiently as possible to ensure the long-term sustainability of the facility.”

Project Faced Earlier Challenges

The renovation took nearly two years to complete and required relocating five sea lions to other zoos during construction. The zoo says design and construction problems delayed the project and increased costs.

The lawsuit seeks damages from both BRS Architecture and Vertix Builders, with the amount to be determined at trial. Neither company has responded to requests for comment.

The case will move forward in Denver District Court as the zoo seeks to recover costs and address ongoing issues with the exhibit.