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Municipal Services Corp. v. Hall Community Development LLC

Court of Appeals of Ohio, Fifth District, Tuscarawas

July 29, 2019

MUNICIPAL SERVICES CORP. Plaintiff-Appellant
v.
HALL COMMUNITY DEVELOPMENT LLC Defendant-Appellee

          Appeal from the Tuscarawas County Court of Common Pleas, Case No. 2017 CV 05 0326

          For Plaintiff-Appellant: MAX W. THOMAS.

          For Defendant-Appellee: CRAIG G. PELINI.

          JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

          OPINION

          DELANEY, J.

         {¶1} Plaintiff-Appellant Municipal Services Corporation appeals the July 11, 2018 judgment entry of the Tuscarawas County Court of Common Pleas.

         FACTS AND PROCEDURAL HISTORY

         The Agreement

         {¶2} Tony Danzo is the CEO of Plaintiff-Appellant Municipal Services Corporation. Danzo is a rehabilitation specialist and provides housing inspection and field construction management services. Defendant-Appellee Hall Community Development, LLC, owned and operated by Rebecca and Ted Hall, writes and administers government-funded grants for community development projects, such as home repairs, housing rehabilitation, and community facility improvements. Hall Community Development contracted with Municipal Services because it needed a rehab inspector for its community development business. On November 9, 2015, Municipal Services and Hall Community Development entered into a contract for Municipal Services to provide inspection and field construction management services for Hall Community Development.

         {¶3} The November 9, 2015 Contract states in pertinent part:

Tony Danzo operating as Municipal Services Corporation agrees to provide inspection and Field Construction Management Services as a subcontractor to Hall Community Development LLC, who is under contract to provide administration and implementation services to a number of communities and needs to subcontract for Inspection and Field Construction Management Services to meet contract obligations.
General Agreements
Also as part of providing Rehabilitation Specialist and housing inspection and field construction management services, Mr. Danzo agrees to the following:
1. To allow his Resume or Qualification Form to be included in any grant application in which Hall Community Development LLC has an interest. Correspondingly, if Mr. Danzo's resume is included as a housing rehab specialist for an RFP/RFQ request or for a grant application, then it also understood that if the grant is funded, Mr. Danzo's services will be utilized as the housing rehab specialist provided his performance is in compliance with program requirements.
Compensation
As a sub-contractor to Hall Community Development LLC, Municipal Services Corporation will regularly submit an invoice for payment, detailing the items completed for each unit and itemized by community or grantee during that invoicing period. Payment for the invoice will be 30 days after date of the invoice. The compensation for each ...

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