Defending Contractor against owner's claims of defective work and asserting Contractor's claims for payment and defective specifications

The Owner withheld payment from a Contractor after an asphalt road developed rutting at each intersection within a year of placement. Bricker & Eckler LLP was engaged after the Contractor failed to make a recovery in an alternative dispute resolution forum. Bricker & Eckler then brought suit on behalf of the Contractor in the Court of Claims of Ohio. The case involved examination of extensive batch plant quality control/quality assurance data to support the Contractor's argument that the project was constructed within reasonably close conformity with the specifications, and that the specifications were defective. The case was resolved through mediation.

On another project the owner again withheld payment and claimed that the Contractor's work was defective. Bricker & Eckler sued the owner on behalf of the Contractor, arguing that the specification was defective because the failed screening material was not compatible with wintertime conditions. The case was resolved out of court.

Defending Contractor against an architect's
third party claim

The owner of a large parking lot sued the designer after portions of the lot's stormwater infrastructure subsided from exfiltration and infiltration of water at underground pipe joints. The designer then sued the Contractor, alleging defective construction. Bricker & Eckler defended the Contractor by arguing that the Contractor's work conformed to the specifications, and that the designer failed to further specify with sufficient detail the proper pressure rating for the failed pipe joint couples. The case was resolved through mediation.

Defending Contractor against subcontractor's
claims for additional payment

A subcontractor on a landfill construction project sued the Contractor for additional payment allegedly due because of working in adverse weather, standby imposed by the Contractor, and additional quantities of work. Bricker & Eckler litigated the matter, which included a counterclaim for making emergency repairs to subcontractor's work. The case was resolved through a combination of partial summary judgment and negotiation.