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Westport Pools alleges the city breached its contract for construction of the $12 million water park at 33 E. Glendale Road. The city refused to pay for expenses from delays it put on the project, changes it requested to the original design, and workers' overtime it had requested to ensure the new pool opened by Memorial Day, the lawsuit says. 

Dudley McCarter, an attorney for Westport Pools, said the company tried to resolve its dispute with the city for several months but stopped receiving responses.

McCarter said Westport has "bent over backwards to accommodate the city of Webster Groves. They were reluctant to file this, but they had no choice."

A spokesman for the city said it paid the company more than $11.5 million already and has only withheld final payment to ensure Westport finishes the job. 

"The City of Webster Groves wants its residents to know that they have zealously guarded their tax dollars and insisted that Westport Pools, LLC abide by its contractual obligations," Webster Groves spokesman Jordan Rowe said. "Per the signed agreement final payment has been held as retainage to ensure the project’s full completion. Westport Pools was still completing work on the project as of two weeks ago." 

The new water park was part of a $22 million bond issue voters approved in 2023 to pay for a list of parks and recreation projects, including an overhaul of the 28-year-old public pool. The city was one of several local governments in the region replacing aging pools and aquatic centers that opened decades ago. 

The renovated pool, which opened in May of 2025, includes a competitive lap pool, a leisure pool with a small lazy river and interactive play area, a toddler splash area, a bathhouse with changing rooms and concessions. 

Webster Groves had hired Westport Pools to build the facility on Jan. 10, 2024. Westport also does business under the name Landmark Aquatic. But "from the very beginning," the city caused unnecessary delays to the project, according to the company's lawsuit.

The city delayed by at least 32 days a request from Westport to meet with city officials to begin designing the new pool, the lawsuit says. It later requested major changes to the original design, including changes to the waterslides, seating, shade structures and bathhouse that caused another 18-day delay. And another delay occurred when a contractor the city had hired to install artificial turf used Westport's facilities and interfered with its work. 

By early 2025, "extreme and unusual" winter weather, including freezing temperatures, snow and ice had caused "substantial unanticipated and unexpected delays" to the project, but the City of Webster Groves wanted to open its new pool by Memorial Day. The city agreed to pay Westport for overtime work to get the pool opened by the targeted date, which it achieved. 

But then the city refused to pay for it, the lawsuit says. Westport says Webster Groves owes the company a total $636,235.38 for unpaid work plus interest at 1.5% per month. 

The total includes $222,665 the city hasn't paid under its original contract with the company, $283,000 in additional costs from design changes it had requested, and $130,177 in overtime costs.