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Court of Claims approves $2M settlement for construction contractor
BRET CROW
Supreme Court
Public Information Office
Published: August 9, 2016
The Ohio School Facilities Commission and a project architect will pay a Columbus construction contractor upwards of $2 million to settle breach of contract claims related to building dormitories at the Ohio State School for the Blind and the Ohio School for the Deaf. The Court of Claims of Ohio approved the settlement agreement on Aug. 2.
According to a 2013 complaint, TransAmerica Building Company Inc. claimed its work was “continually delayed and disrupted by the OSFC (now known as the Ohio Facilities Construction Commission) and those under its control” and cited misrepresentations “regarding the approval and inspection process of the plans and specifications.” TransAmerica also claimed in the complaint that its requests to build in more time to account for the delays were ignored or denied and that it incurred extra work beyond the scope of the contract.
TransAmerica originally requested its unpaid contract balance of $824,605.42, plus at least $3 million in damages. It bid $3,975,000 on the project in 2010, with a completion date of Jan. 18, 2012.
Under the terms of the agreement, TransAmerica will receive $2,036,770.80, plus $151.02 a day in interest from Jan. 1, 2016, going forward until paid. Steed Hammond Paul Inc., the project architect, must pay $971,700 of the total. The Commission is on the hook if Steed Hammond does not pay. The Court of Claims retained jurisdiction to enforce the agreement if TransAmerica does not receive payment within 90 days.
The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.
To access information on other cases, visit the Court of Claims website at cases.ohiocourtofclaims.gov.
This case is cited TransAmerican Building Company, Inc. v. Ohio School Facilities Commission, etc. v. Steed Hammond Paul Inc., etc., Case No. 2013-00349.