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.
Landmark Case for the Enforceability of Liquidated Damages Clauses in Ohio
In a case that wound through the courts and was decided by the Ohio Supreme Court, Kegler Brown represented the village of Piketon, which enforced substantial liquidated damages for late project completion of a public road construction contract. The case, Boone Coleman Constr., Inc. v. Piketon, 145 Ohio St.3d 450, 2016-Ohio-628, was argued before the Ohio Supreme Court in June 2015, and a victorious decision was received in February 2016.
This landmark case with statewide ramifications was not only a victory for our client, but is now the law on liquidated damages in Ohio, determining the enforceability of liquidated damages clauses in the state and being the subject of many amicus briefs and public interest. Amicus briefs in support of our position included The County Commissioners Association of Ohio, The Ohio Municipal League, The Ohio School Boards Association and The Ohio Township Association.