Owners of condos in new Roslindale building sue developer over what they say are leaks, noises, smells and other problems

The owners of residential condos in a three-year-old building at Centre and Weld streets in Roslindale today sued the developer and project manager, accusing them of handing them a building with at least $2.3 million worth of problems, including a leaky roof, uninsulated pipes, non-functioning sump and hallway ventilation systems, a cracked retaining wall and rear foundation, a smelly lobby and such poor sound insulation residents say they feel like they're in the condos of their upstairs neighbors.

In their lawsuit, the owners of the 16 residential units say developer John Sullivan and project manager Gary Martell also never installed some exterior features that were promised in their filings to win BPDA approval, specifically, planters for street trees, a level sidewalk made of concrete and the continuation of a stone wall along Weld Street.

The unit owners say Sullivan and Martell have only tried to fix the inadequate sound insulation and that their effort failed. They say a sound engineer they hired found the insulation met neither industry standards nor even the developer's own construction drawings. This past October, Sullivan and Martell proposed installing "puddy pads," material designed to absorb sounds and outfitted one unit with the material but a followup inspection by the sound engineer showed "this proposed solution completely failed.

The complaint cites myriad other problems from top to bottom and everything in between, which the owners say was chronicled by a separate civil engineer they hired, most recently: During a recent storm, several units "experienced significant water intrusion due to what is suspected to be a defect in the Condominium building roof," which the owners say is missing gutters, downspouts and an ice-melting system.

The parking garage door, meanwhile, has never functioned properly and the garage remains home to several concrete blocks that were supposed to be placed in an exterior parking lot, but weren't. And while space for a sump pump was excavated, the pump itself was never installed, which could mean flooding because of the height difference between the building pipes and the city sewer, they say.

Also never installed: A planned ventilation system for the trash room , which results in "a very strong smell emanating from the unventilated trash room constantly permeates the building entrance above." The trash room is also missing a "fire smoke damper" despite its presence in construction documents.

In between the roof and the lower level, the condo owners charge, are a myriad of additional problems, including wall gaps that should have been caulked or otherwise sealed, interior holes cut in walls for wiring, pipes and ductwork were not properly fireproofed, an electrical system to power corridor ventilation remains uninstalled, as does a heating system designed to keep basement and first-floor sprinkler pipes from freezing and bursting, and other water pipes are uninsulated .

Also, the owners claim, the exhausts for second- and third-floor bathrooms and kitchens were placed less than three feet from windows.

The cracks in the rear retaining wall, the suit says, are near the top - where they will be prone to collect rainwater that will then freeze on cold days, making them grow ever larger.

Sullivan and Martell have until May 16 to file an answer, according to the case docket.

Building proposal filed with the BPDA.