Supreme Court rules in favor of businesses
Ohio Supreme Court has ruled in favor of businesses that were named in a lawsuit over issues with New Riegel Local School District’s building project.
In 2015, the school district and the state of Ohio filed a lawsuit in Seneca County Common Pleas Court alleging breach of contract against Buehrer Group Architecture & Engineering Inc., the estate of Huber H. Buehrer, Studer-Obringer Inc., Charles Construction Services Inc. and American Buildings Co.
Ohio School Facilities Commission was an involuntary plaintiff, court records state.
In 2016, Seneca County Common Pleas Court Judge Steve Shuff ruled in favor of defendants in the case. The case went before the Third District Court of Appeals, which partly reversed the local ruling in 2017, according to court records.
Ohio Supreme Court, in its ruling issued Wednesday, wrote the court of appeals made a mistake in reversing the trial court’s dismissal of the school district’s breach of contract lawsuit.
In 2000, the school board had entered into a written agreement with Buehrer Group to provide design professional services for the school district’s new K-12 facility.
Written agreements with Studer-Obringer to serve as the general trades contractor and Charles Construction Services to serve as the roofing contractor followed.
The lawsuit alleged condensation, moisture intrusion and other deficiency issues existed, and there was a defective through-wall flashing system, defective roofing system and improper installation of insulation.
“The Defects arise from the improper design and construction of the Project,” the lawsuit alleged.