Cleveland Construction

Subscribe to Cleveland Construction via RSS

Cleveland Construction, Inc. v. Kent State University
2010 Ohio 2906, 2010 Ohio App. LEXIS 2407 (Ohio Ct. App. June 24, 2010)

The Ohio Court of Appeals held that a contractor’s failure to submit claims in accordance with the contract’s dispute process and its failure to exhaust administrative remedies prescribed by statute would bar its claims regardless of assertions as to the futility or unfairness of such procedures.

Cleveland Construction, Inc. v. Ohio Pubic Employees Retirement System No. 07AP-574, 2008 Ohio 1630
Appellant, Ohio Public Employees Retirement System (“PERS”) is the owner of an office tower project (the “Project”) in Columbus, Ohio. PERS entered into a $6.3 million interior trades contract with Appellee, Cleveland Construction, Inc. (“CCI”) to build portions of the $90 million office tower. The jury in the lower court case found that PERS materially breached its contract with CCI by failing to properly schedule and coordinate the project work.