Denver Zoo’s $19 Million Sea Lion Habitat Is Leaking. Now the Zoo Is Suing the People Who Built It

Less than a year after unveiling a $19 million state-of-the-art sea lion habitat, the Denver Zoo is taking the architect and construction firm behind it to court. The Denver Zoological Foundation filed suit in mid-March against Barker Rinker Seacat Architecture P.C. and Vertix Builders Inc., accusing both firms of multiple design and construction failures at the Schlessman Shores exhibit. The case was filed in Denver District Court under case number 26cv30952. 

The zoo says the exhibit suffers from active water leaks, cracked surfaces, rusting hardware, and peeling paint — and that neither firm stepped up to fix the problems after being notified. The sea lions are safe, and the exhibit remains open to the public.

Quick Facts

Field	Detail
Case Name	Denver Zoological Foundation Inc. v. Vertix Builders Inc.; Barker Rinker Seacat Architecture P.C.
Case Number	26cv30952
Court	Denver District Court
Date Filed	March 17, 2026
Plaintiff	Denver Zoological Foundation, Inc.
Defendants	Vertix Builders Inc. and Barker Rinker Seacat Architecture P.C. (BRS Architecture)
Habitat Name	Schlessman Shores
Renovation Cost	$19 million
Habitat Opened	June 2025
Settlement Amount	TBD — Damages to be determined at trial
Animal Safety	Zoo confirms sea lions are safe and healthy
Exhibit Status	Open to the public; daily demos continue

Where the Case Stands

• The Denver Zoological Foundation accused the defendants of shoddily building a sea lion exhibit at the Denver Zoo, resulting in cracks, leaks, rust, and peeling paint, and then refusing to repair it.
• Attorneys Tiffanie D. Stasiak and Lisa M. Saccomano of Kutak Rock are identified as representing the zoo. Neither Vertix Builders nor BRS Architecture has publicly responded to the lawsuit.
• The Denver Zoo Conservation Alliance says 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’s statement adds: “Some of the design and construction issues in the complaint remain, and some have been corrected. It’s important to note that there are no immediate health or safety concerns for the animals.”

The Habitat That Was Supposed to Be a Showpiece

To understand why this lawsuit matters, you have to understand what the Denver Zoo was trying to build.

The new habitat, Schlessman Shores, replaced Northern Shores, which started housing sea lions in 1987. The zoo’s California sea lions — Luci, Ady, Gunnison, Maverick, and Nick — had been part of the zoo’s animal family for over a century. The renovation was meant to give them a modern, world-class home worthy of that legacy.

The renovation took almost two years to complete, and the sea lions had been away from the Denver Zoo since October 2023. During that time, the five animals were dispersed to accredited zoos across the country — at Brookfield Zoo, Hogle Zoo in Salt Lake City, the Smithsonian, and other facilities — while construction proceeded.

The new aquatic system includes heated pools, improved filtration that cuts water turnover time in half, and behind-the-scenes care spaces. These updates support healthy skin, eyes, and coats while saving more than 2 million gallons of water each year. The 16-foot underwater viewing window — called the Gene N. Koelbel Underwater Viewing area — was designed to give visitors a front-row seat to watch sea lions glide and dart through their saltwater pool.

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According to the zoo’s director of communications, the sea lion habitat upgrade was the bookend to the zoo’s Great Wild Open campaign, a fundraiser started in 2019 that reached its $75 million goal. Nearly 30 percent of the $19 million price tag was covered by private donors, including the Koelbel Family Foundation, the Anschutz Foundation, and the Schlessman Family Foundation.

The habitat opened in June 2025 to celebration. Within months, problems began to surface.

What the Lawsuit Says Went Wrong

The zoo’s complaint describes a long list of specific physical failures — not vague dissatisfaction, but concrete, documented defects that the zoo says have compromised the exhibit’s integrity and driven up costs.

What the Architect Is Accused Of

The suit claims design and specification failures by BRS Architecture led to rusty caging and hardware, a reduced pool size for the animals, inaccurate water levels, and higher construction costs.

What the Builder Is Accused Of

The lawsuit claims contracting firm Vertix Builders “failed to perform its Work in an efficient, good, and workmanlike manner and otherwise breached its obligations,” which led to the following alleged issues: the life support systems’ south basement wall has active water seeping through cracks; sump pumps are not functioning; main and lower beaches have cracking; upper and lower pools are leaking; exterior fiberglass-reinforced polymer skirting has loose trim and panels; a large life support systems pipe is failing and leaking; concrete beach settlement at the future shade foundation is creating a raised and rough edge; concrete form metal ties at the theming wall are exposed; and interior white wall panels at the animal holding pools are opening slightly, causing caulking to push through.

Beyond those structural failures, the poor construction has resulted in paint peeling in the sea lion food preparation area, as well as rusty doors and hardware.

The Notification Problem

The zoo did not simply sue without warning. Zoo officials say they alerted BRS and Vertix of the design and construction errors, but neither firm promptly corrected the defects. According to the lawsuit, agreements with both firms had stipulations in place for such repairs deemed necessary by the zoo.

In other words: the zoo says the contracts required the firms to fix problems the zoo identified, the zoo told them what was wrong, and neither company acted. The lawsuit is the result of that standoff.

What the Zoo Is Asking the Court to Do

The lawsuit frames the alleged problems as breaches of contract and professional negligence and asks the court to hold the design and construction firms responsible for repair costs and related damages. The total damages figure will be determined at trial.

The zoo has not asked the court to shut down the exhibit or remove the animals. Schlessman Shores remains open to the public. The zoo says daily sea lion demonstrations are still on the schedule while staff monitor and address the cited issues.

Are the Sea Lions Safe?

Yes — and the zoo has been clear about this. Despite the alleged construction problems, the Denver Zoo Conservation Alliance confirmed that the sea lions at the Schlessman Shores habitat are “safe and healthy” and that “there are no immediate health or safety concerns for the animals.”

The lawsuit is about the long-term durability and integrity of the facility — the zoo’s concern that unless these defects are properly repaired, the habitat will not hold up over time and will require far more expensive remediation in the future.

What Happens Next

Unless the parties settle, the dispute will move forward on Denver’s civil docket. Construction defect and professional negligence cases of this type can resolve through negotiated settlement — where the builder and architect agree to fund repairs or pay damages — or proceed to trial where a judge or jury determines what, if anything, the defendants owe.

Both Vertix Builders and BRS Architecture have not responded publicly to the allegations. Their formal legal responses will be filed with the court in the coming weeks.

Important Dates

Milestone	Date
Sea Lions Leave Denver Zoo for Renovation	October 2023
Renovation Completed / Habitat Opens	June 2025
Defects Identified and Firms Notified	TBD (pre-lawsuit)
Lawsuit Filed	March 17, 2026
Defendant Response Due	TBD
Trial or Settlement	TBD

Frequently Asked Questions

Can I still visit the sea lion exhibit at the Denver Zoo?

 Yes. Schlessman Shores remains open to the public, and daily sea lion demonstrations are still being held on schedule. The lawsuit has not disrupted public access or animal programming.

Are the sea lions in any danger because of the construction defects? 

No. The zoo has stated clearly: “There are no immediate health or safety concerns for the animals.” The sea lions are safe and healthy.

Who is Barker Rinker Seacat Architecture? 

BRS Architecture is a Denver-based architectural firm. The company has not publicly responded to the lawsuit.

Who is Vertix Builders?

 Vertix Builders Inc. is the construction firm the zoo hired as master contractor for the renovation. The company has not publicly responded to the lawsuit.

How much is the Denver Zoo seeking in damages?

 The Denver Zoo is seeking damages from both companies, with the amount to be determined at trial. No dollar figure has been specified in the public filings reviewed for this article.

Is this a class action lawsuit?

 No. This is a commercial breach of contract and professional negligence lawsuit filed by one institutional plaintiff — the Denver Zoological Foundation — against its architect and builder. There is no class of consumers involved and no claims process for the public.

Who paid for the renovation?

 Nearly 30 percent of the $19 million bill for the new facility was covered by donors, including the Koelbel Family Foundation, the Anschutz Foundation, and the Schlessman Family Foundation. The remainder came from the zoo’s Great Wild Open fundraising campaign, which reached its $75 million goal.

What does “breach of contract” mean in this context? 

A breach of contract claim means one party alleges the other failed to fulfill a binding agreement. Here, the zoo says the contracts with both firms required them to deliver work meeting certain quality standards and to fix defects when identified. The zoo alleges both firms failed on both counts.

For related coverage on construction defect lawsuits, see our article on the DR Horton construction defects class action lawsuit affecting homeowners across multiple states.

Last Updated: April 5, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The allegations described are claims made in a complaint and have not been proven in court. For advice regarding a particular situation, consult a qualified attorney.