Another Planet Entertainment (APE) has now filed multiple lawsuits against the contractor who worked on the Castro Theatre renovation, the latest accusing the contractor of falsely advertising its work on the project.
Things are apparently pretty ugly between Another Planet Entertainment and Emeryville-based contractor Alarcon Bohm Corporation, with APE accusing the contractor of faulty work that led to water damage on the Castro Theatre's newly refurbished ceiling. APE apparently already took legal steps earlier this year against Alarcon Bohm relating to construction issues and alleged over-billing — the contractor says that they are still owed $4.7 million that APE says it does not owe — and that complaint is in arbitration.
That suit also alleges that Alarcon Bohm has failed to pay some subcontractors for their work.
But on Monday, according to a release from press representative Sam Singer, APE has filed a new legal complaint accusing Alarcohn Bohm of continuing to use the Castro Theatre work on its website, implying a job well done that was endorsed by the client. The new suit alleges trademark infringement, false association, false advertising, unfair competition, and failing to protect the Castro operator from claims by unpaid subcontractors.
"Another Planet Entertainment has spent decades building a reputation for presenting exceptional live entertainment and preserving some of the Bay Area’s most treasured cultural landmarks,” says APE CEO Gregg Perloff in a statement. “We cannot allow a contractor accused of defective work, excessive billing and failing to pay subcontractors to use our venues and reputation to promote its business or create the false impression that we (AnotherPlanet) endorse its work.”
According to the complaint, APE sent cease-and-desist letters to Alarcohn Bohm in June and July asking them to remove the Castro Theatre and Bill Graham Civic Auditorium from their website's listing of previous work. And now, going public with this new complaint, seems like an escalation.
The complaint also provides details about an accusation of faulty construction work, alleging that "faulty drainage, defective roofing and improperly installed HVAC equipment that contributed to water intrusion and damage to the historic theatre’s recently restored decorative ceiling." Apparently, a portion of the ceiling fell onto the balcony in the interior of the theater due to this damage, and while repair work is underway, the suit says that the theater remains safe to enter.
"The safety of our guests, performers and employees is always our first priority," Perloff says in a statement. "The Castro is open, safe and successfully presenting performances, but Another Planet should not have to absorb the cost of correcting work that the contractor was paid to complete properly and who is erroneously advertising about the quality of its work."
The Chronicle reached out to Alarcon Bohm and has yet to receive any comments in response.
The Castro reopened with great fanfare in February following a two-year, $41 million renovation that reportedly faced multiple complications and delays. Since then, Another Planet has booked dozens of music and comedy acts there, many of them LGBTQ-affiliated, in addition to screening movies and hosting film festivals, like Frameline, the LGBTQ film festival.
Previously: The Castro Theatre Reopens Today, and We Have Photos
Photo by Piotr Musiol
