Case Studies

Proving the State at Fault for Delaying Project

In the case of Wood Electric, Inc. v. Ohio Facilities Construction Commission, 081216 OHCOC, 2014-00987, we represented an electrical contractor in the Ohio Court of Claims against the State of Ohio in a dispute involving a delayed multimillion-dollar school project. With our help, our client proved that the State and its agents delayed the work and adversely affected its productivity. This trial involved complicated schedule and delay issues, as well as important issues of compliance and waiver of the State’s one-sided contract documents. Trial was completed in April 2016 and a favorable decision was received that August that awarded full damages.

Achieving Multimillion-Dollar Decision for General Contractor Against the State of Ohio

During the construction of dormitories for the Ohio Schools for the Deaf and Blind, TransAmerica Building Company Inc. was blamed for a delay in the $44 million project. Through aggressive litigation, Kegler Brown tried the case against the Ohio School Facilities Commission in the Court of Claims. This case was closely watched by the construction industry to determine the direction of construction claims against public authorities in Ohio.

The case, TransAmerica Building Company, Inc. v. Ohio School Facilities Commission, etc. v. Steed Hammond Paul Inc., etc., Case No. 2013-00349, was tried over three weeks in May-June 2015 and a favorable decision was eventually received for TransAmerica in excess of $2 million that found the State and its agents acted in bad faith. The case was recently settled for 100% of the award.

Achieved Settlement for Metropolitan Housing Authority

Working closely with one of the most sophisticated and well-known public housing authorities in the U.S., our team obtained a very favorable settlement with respect to a critical construction dispute that involved asbestos abatement and contract termination provisions.

Proved Bad Faith on an Ohio Public Works Project

Our representation of a general trades contractor on an Ohio public works project claim triggered a finding that the State had engaged in bad faith by "sowing conflict and dissension" on the job and resulted in a substantial award for our client.

Mediated Dispute Between Painting Sub and ODOT

Representing a painting subcontractor, the lawyers at Kegler Brown obtained a settlement in our client's favor that involved several claims for additional work. A critical part of the representation was navigating the claim through the Ohio Department of Transportation's contract dispute process and then ultimately having the dispute settled through mediation.

Mediated Ohio School Facilities Commission Project

Kegler Brown attorneys represented a prime mechanical and plumbing contractor in Ohio and obtained a six-figure settlement on a school delay claim through mediation. Settled within only five months of the initial engagement, the dispute involved the state of Ohio's Article 8 process and defending against damages asserted by the the Ohio School Facilities Commission.

Workout and Friendly Foreclosure of Failing Pipeline Company’s Assets

In this case, the pipeline company failed during completion of a major project for a mid-stream transporter during the rainy winter season; the mid-stream transporter alleged faulty construction and the pipeline company defaulted on its loan. Attorneys at Kegler Brown negotiated a loan workout between the lender, the mid-stream transporter and the pipeline construction company, as well as other creditors, to complete construction, release liens, sell assets and pay debts.