November 21, 2024
After a Decade, Parking Garage Sues Over Defective T8 Upgrade
End user pursues $91,178 in damages for 2014 fluorescent system retrofit
In a breach-of-contract lawsuit filed on November 21, Ace Parking Management, Inc. accused DAMG Lighting Maintenence of failing to fulfill their obligations under a lighting upgrade project completed a decade ago.
The dispute, centered on the Bayfront Garage at Hilton San Diego, involves a fluorescent lighting installation that Ace now alleges is defective, leaving the facility with mounting maintenance and repair costs.
A Fluorescent Upgrade in an LED Market
In 2014, the lighting project replaced 264 existing 2-lamp fixtures, each outfitted with 32-watt fluorescent lamps, with a more energy-efficient solution. DAMG Lighting supplied and installed new 18-watt, four-foot fluorescent lamps in the existing fixtures, with a 6500K color temperature. The project was part of a 12-year energy-saving and service agreement between Ace Parking and DAMG Lighting, which promised significant reductions in energy consumption and costs.
Above: Excerpt from the long-term performance contract that reimburses DAMG monthly based on expected energy savings
The chosen solution reflected a mid-tier energy-saving approach. While they reduced wattage and seemingly offered enough light suitable for parking garages, this fluorescent solution was installed at a time when LEDs were rapidly gaining traction as the dominant lighting technology.
The System Allegedly Fails to Deliver
As the projects approaches the ten-year-old mark, Ace Parking now contends that the fluorescent lighting system began to exhibit defects over time. On October 7, 2024, Ace formally notified DAMG Lighting of the problems, invoking contractual terms requiring the contractor to address installation defects and the maintenance arm to provide repairs and replacements.
The company alleges that DAMG failed to respond adequately to the demands for remediation, resulting in a defective lighting system that falls short of its promised performance. Ace is seeking over $91,178 in damages, claiming the defects have imposed ongoing costs and operational disruptions.
Technical Breakdown
While the 18-watt fluorescent lamps offered immediate energy savings compared to the older 32-watt lamps, their lifespan and maintenance requirements have seemingly proven less reliable over the long term.
The system details:
- Lamp Type: 18-watt fluorescent, four-foot tubes. Replaced 32-watt lamps.
- Color Temperature: 6500K
- Fixture Count: 264 units, retaining the existing two-lamp luminaires. 528 total lamps.
- Expected Benefits: Lower energy consumption and reduced utility costs tied to a 12-year performance-based energy agreement.
With two years remaining on the 12-year contract, the lawsuit seeks not only to recover financial damages but also to address the perceived failure of the project to meet its objectives.
The Inside Lighting I-Team has confirmed that self-parking at the Hilton San Diego Bayfront is priced at $45.00, while valet parking costs $65.00 plus optional tip(s).
