State Loses Another Appeal
Kegler Brown Construction Newsletter August 1, 1994
The State's losing streak on construction claims cases that have been appealed from its Court of Claims continues. In the most recent case of Romanoff Electric v. Ohio DAS, Case No. 1667, Franklin County Court of Appeals (June 30, 1994), the Court of Appeals sustained the decision of the Court of Claims that it would have been futile for a contractor to be required to dewater the site by pumping water into an inadequate sewer that was backing up at the time. The Court of Claims had previously ruled that the State knew the sewers were inadequate and failed to inform the contractor, making the State liable for breach of an implied warranty to provide the contractor with a suitable site upon which to work.
The Court of Appeals also affirmed an award of prejudgment interest against the State.