Courthouse Construction Continues

Facility is expected to be completed in spring of 2007
Morgan Hill – The new South County Courthouse is on track for completion in spring 2007 but faces a possible cost overrun of between $18 and $20 million.

Despite the heavy winter and early spring rains, the facility, which was originally estimated to cost $32 million, could cost taxpayers nearly $50 million due to a high increase in the price of steel, lumber, asphalt and other construction materials, said Santa Clara County Supervisor Don Gage.

“We’re not delayed. We’re still within the time frame. It’s going to cost more, yes,” said Gage Monday. “But the building is very important to us so we’re going to bond for the additional money. Every project we’re building is experiencing cost escalation.”

Ken Rato, courthouse project manager for Santa Clara County capital programs department, said, “We’re still evaluating the effect of the rain,” said “It was a very, very wet winter.”

The courthouse itself, a 73,000-square-foot building, will hold six courtrooms, jury rooms and an underground holding area for suspects. On the same site, a 17,000-square-foot building called the Justice Agency will house the probation department, public defenders and district attorneys.

The building, which is under construction at the intersection of Butterfield Boulevard and Diana Avenue, south of the Caltrain parking lot in Morgan Hill, was originally scheduled for completion in August of this year. That date, however, was delayed to spring of 2007 after last winter’s rains held up construction.

Construction workers couldn’t work during much of February and March due to an unusually long rainy season. Once the rain stopped, crews began working swiftly. “We’ve made good progress,” Rato said. “The steel for the main building is up. It’s really moving along now.”

The new courthouse was originally projected to open in the fall of 2006, but because of negotiations with the city of Morgan Hill with delays last year due to rain, the opening was pushed back to the spring of 2007. Officials broke ground for the facility in December of 2004.

The courthouse is a collaborative effort by Santa Clara County, the Superior Court and Morgan Hill. 

Morgan Hill Mayor Dennis Kennedy said he is looking forward to having the courthouse completed. He was quite concerned about how the rain would affect the schedule, he added, but is encouraged to see that the project is moving forward. 

“I believe the courthouse will be a boon to the city,” he said. “All of the people who will be coming into town to take care of traffic citations, to serve as jurors, can have their luncheon meals at our restaurants, shop at our businesses.”

Mold problems caused the closing of the original building on Highland Avenue in San Martin years ago.

Concerns about possible mold in the new building, because of all the rain, are unfounded, Rato said. 

“The contractor is taking extraordinary measures to make sure the buildings are waterproof,” Rato said. “There is waterproofing under the foundation … There is not going to be any mold in the buildings.”

Officials have not asked the contractor to accelerate the work, Rato said. However, he said the contractor wants to have the roof on the buildings before next winter.

“He’s taking prudent measures to be sure that by next winter, it’s all closed up,” Rato said. “He’s got some extra crews out there, I believe. They have occasionally worked on Saturday and Sunday.” 

The two buildings’ interiors will include the main lobby and the public spaces, will be filled with natural light. Views of the hills will be visible from inside the building, and the site will have shaded outdoor plazas.  

Parking at the site will be tucked behind the buildings, so that the view from the front of the site will be architectural.

Currently, the courthouse is located in portable buildings on Highland Avenue in San Martin. In 2001 the county settled a lawsuit with the general contractor, H.A. Ekelin & Associates, and 17 other defendants for approximately $8 million. 

The money was sent to a contingency fund during fiscal year 2002 where it was used by county supervisors to close the budget gap. 

Santa Clara County Supervisor Don Gage has said that was a good use of the funds since the supervisors intended to sell bonds to pay for the new courthouse all along.

The architect for the project is RossDrulisCusenbery Architecture of Sonoma. The construction manager is Don Todd Associates of San Jose and San Francisco. The construction contractor is West Bay Builders of Novato. 

Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at

md****@mo*************.com











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