Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

New Riegel Local School District v. The Buehrer Group Architecture & Engineering, Inc.

Court of Appeals of Ohio, Third District, Seneca

November 13, 2017

NEW RIEGEL LOCAL SCHOOL DISTRICT, BOARD OF EDUCATION, PLAINTIFF-APPELLANT, and STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
THE BUEHRER GROUP ARCHITECTURE & ENGINEERING, INC., ET AL., DEFENDANTS-APPELLEES.

         Appeal from Seneca County Common Pleas Court Trial Court No. 15 CV 0115

          Christopher L. McCloskey and Tarik Kershah for Appellant

          Lee Ann Rabe and James Rook for Appellee, The State of Ohio

          OPINION

          WILLAMOWKSI, J.

         {¶1} Plaintiff-appellant New Riegel Local School District Board of Education ("the School") brings this appeal from the judgment of the Court of Common Pleas of Seneca County dismissing the State of Ohio ("the State") as an involuntary plaintiff in this lawsuit. For the reasons set forth below, the judgment is affirmed.

         {¶2} This case arises from the construction of a new Kindergarten through 12th Grade School Facility Project ("the Project") built as part of the Ohio Classroom Facilities Assistance Program. Doc. 2. As a result of the Project, the School entered into contracts with multiple contractors starting in February of 2000. Id. The contracts were all entered between the individual contractor, the School, the State, through the president and treasurer of the School, and the Ohio School Facilities Commission ("OSFC") as parties. Id. The general trade and roofing contracts were standard form contracts prepared by OSFC. Id. The date of occupancy of the Project was December 19, 2002. Doc. 88, Ex. K. A Certificate of Completion of the Project Agreement was issued by OSFC on March 3, 2004. Doc. 24. This certificate stated that OSFC's interest "is considered transferred to the School District, * * *." Id. at Ex. A. The certificate also provided that the School had sole responsibility for all facilities management, including the enforcement of warranties and guarantees. Id.

         {¶3} Over time, the School had issues with the facilities, including but not limited to condensation and moisture intrusion allegedly caused by design and construction errors. Doc. 2. A complaint was filed by the School on April 30, 2015. Id. The complaint was brought in the name of the School with the State of Ohio and OSFC as involuntary plaintiffs. Id. The complaint named the Buehrer Group Architecture & Engineering, Inc., the Estate of Huber H. Buehrer (collectively known as "the Buehrer Group"), Studer-Obringer, Inc. ("SOI"), Charles Construction Services ("CCS"), and American Buildings Company as defendants. Id. On June 5, 2015, the State and OSFC filed a motion to dismiss them as involuntary plaintiffs to the action. Doc. 24. The School filed a response to this motion on June 15, 2015. Doc. 27. The State and OSFC responded to that response on June 26, 2015. Doc. 30.

         {¶4} On February 10, 2016, the School filed an amended complaint in its own name and that of the State. Doc. 62. The amended complaint indicated that OSFC had been voluntarily dismissed as an involuntary plaintiff that was not necessary. Id. On March 1, 2016, the State filed a motion to be dismissed from the amended complaint as an involuntary plaintiff Doc. 72. The School filed its memorandum in opposition to the motion on March 10, 2016. Doc. 74. The School then filed a second amended complaint on June 10, 2016. Doc. 88. This complaint added Ohio Farmers Insurance Co. ("OFIC") as a defendant. The State then filed a motion to be dismissed as an involuntary plaintiff from the second amended complaint. Doc. 91. The School again filed a memorandum in opposition. Doc. 97. On July 1, 2016, the State filed its reply to the school's memorandum. On August 17, 2016, the State's motion to be dismissed was granted. Doc. 114. On January 25, 2017, the School filed its notice of appeal from the judgment granting the State's motion to dismiss as well as other judgments in the case. Doc. 140. This judgment was assigned appellate case number 13-17-05. The other judgments were assigned case numbers 13-17-03 (dismissal of case against SOI), 13-17-04 (dismissal of case against the Buehrer Group), and 13-17-06 (dismissal of case against CCS and OFIC). On appeal, the School raises the following assignments of error.

First Assignment of Error
The trial court erred in dismissing [the School's] breach of contract claims against [SOI], [CCS], and [The Buehrer Group], by finding that the Ohio Statute of Repose, R.C. 2305.131, barred [the School's] claims for breach of contract.
Second Assignment of Error
The trial court erred in dismissing the claims against [SOI] and [CCS] as those contracts were entered with [the State] and general limitations periods do not apply to the State of Ohio.
Third Assignment of Error
The trial court erred in finding that [the School] does not have authority to bring its action in the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.