Castro Theatre sues renovation contractor, alleging $5M in damages

The renovation of a historic San Francisco theater has ended in a lawsuit.

Another Planet Entertainment, which operates the 104-year-old Castro Theatre, is suing Emeryville construction company Alarcon Bohm and its president and CEO, Kevin Bohm. In the lawsuit, Another Planet Entertainment alleges that the construction company did defective work during the $41 million renovation that closed the venue for two years. 

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“This is a case about a greedy, shoddy contractor who did defective work, failed to pay subcontractors, grossly overbilled its client and then egregiously tried to profit off the client’s substantial goodwill by falsely claiming a positive association with the client’s world renowned entertainment venues that it claimed credit for properly renovating,” the lawyers of Another Planet Entertainment wrote in the lawsuit. 

Another Planet Entertainment is an independent concert production company located in the Bay Area. Besides the Castro Theatre, the company also promotes concerts at several other venues, including the Greek Theatre at UC Berkeley, Fox Theater in Oakland and Channel 24 in Sacramento. The company also co-produces Outside Lands and Golden Gate Park Concerts. 

Another Planet alleges that Alarcon Bohm installed faulty drainage and roofing, as well as defective HVAC equipment that caused water to damage the restored decorative ceiling, with some pieces falling on the balcony. According to the lawsuit, the plaintiff estimates it will cost around $5 million to repair.

“The safety of our guests, performers and employees is always our first priority,” Another Planet CEO Gregg Perloff said in a news release. “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 plaintiff also alleges that Alarcon Bohm overcharged them by charging beyond the guaranteed maximum price for the Castro Theatre renovation by millions of dollars, and that it failed to pay subcontractors. 

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Alarcon Bohm recently filed a mechanics’ lien, alleging that Another Planet Entertainment owes the company nearly $4.7 million, the lawsuit says. However, in the suit, Another Planet Entertainment denies owing the construction company that money. Alarcon Bohm did not respond to an immediate request for comment. 

The plaintiff has asked a judge to force Alarcon Bohm to discontinue using any of its venues in its marketing materials. It sent out cease-and-desist letters on June 30 and July 13, but alleged that Alarcon Bohm has only partially complied. 

“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 (Another Planet) endorse its work,” Perloff said.