On January 30, 2017 a
Party Statement
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 13 9:44 AM-17CV001032
0E232 - Q40
IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
CIVIL DIVISION
STEED HAMMOND PAUL, INC., CASE NO. 17-CV-001032
Plaintiff, JUDGE JEFFREY M. BROWN
Vv.
BERARDI PARTNERS, INC., AFFIDAVIT OF JOSHUA L. PREDOVICH
Defendant.
STATE OF OHIO
) SS:
COUNTY OF fren khy )
Joshua L. Predovich, being first duly cautioned and sworn, hereby deposes and says as
follows, to wit:
1 Affiant is Joshua L. Predovich, Project Manager for Plaintiff Steed Hammond
Paul, Inc. (“SHP”), Plaintiff in the litigation captioned Steed Hammond Paul, Inc. v. Berardi
Partners, Inc., Franklin County, Ohio Common Pleas Case No. 17-CV-001032.
2. At all relevant times, Affiant was Project Manager for SHP on the construction
project for Ohio School for the Deaf and Ohio State School for the Blind (“Project”).
3 Prior to SHP contracting with Ohio State Facilities Commission (“OSFC”), SHP
arranged for Berardi Partners, Inc. (“Berardi”) to be a sub-consultant on the Project in charge of
designing the dormitory portion of the Project, sealing those drawings, and responding to RFs,
reviewing submittals and responding to. other requests throughout the pre-construction and
construction phases of the Project. SHP made this decision based on Berardi’s reputed expertise
in designing multiple unit residential projects.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 13 9:44 AM-17CV001032
0E232 - Q41
4 SHP was awarded the contract to act as architect for the Project and on January
30, 2008, SHP entered into a written contract with OSFC for such work. A true and accurate
copy of such contract is attached hereto as Exhibit A.
5 The OSFC contracted with Lend Lease as its construction manager,
TransAmerica Building Co., Inc. as its general trades contractor, and Jutte Electric, Ltd. as
electrical contractor.
6 Ultimately two lawsuits arose out of the Project, TransAmerica Building Co., Inc.
v. Ohio Schools Facilities Commission, filed in the Ohio Court of Claims as Case No. 2013-
00349 and Jutte Electric, Ltd. v. Ohio Facilities Construction Commission filed in the Ohio
Court of Claims as Case No. 2014-00318. In each action, the OSFC filed a third party complaint
against SHP and SHP filed a fourth party complaint against Berardi. True and accurate copies of
those pleadings are attached hereto, collectively, as Exhibit B.
7 The TransAmerica lawsuit proceeded to trial between TransAmerica and OSFC.
A true and accurate copy of the Decision in that case is attached hereto as Exhibit C.
8 Both before and after the TransAmerica trial, mediation and settlement decisions
took place by and between SHP, Berardi, and the other parties. At those settlement discussions,
Berardi did not offer sufficient funds to effect a settlement of the claim against SHP (and as a
result, resolve the fourth party claim against Berardi).
9 Ultimately SHP entered into a settlement agreement of the third party complaint
filed by OSFC against SHP, through a payment from SHP in the sum of $971,700. A true and
accurate correct copy of such settlement agreement is attached hereto as Exhibit D.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 13 9:44 AM-17CV001032
0E232 - Q42
Further Affiant sayeth naught.
J
ln l~.
ua L. Predovich
Sworn to before me and subscribed in my presence this_|2-_ day of July, 2018.
A AA Ap Sr
Notary Public
DAVID M. RICK KE T, Attorney at Law
Nt OR: Pu Ghito
My Comer i has no sai tis on dai ee
Hoy be 7.08 2. RG
Sei ston
Document Filed Date
July 13, 2018
Case Filing Date
January 30, 2017
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 13 9:44 AM-17CV001032 0E232 - Q40 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO CIVIL DIVISION STEED HAMMOND PAUL, INC., CASE NO. 17-CV-001032 Plaintiff, JUDGE JEFFREY M. BROWN Vv. BERARDI PARTNERS, INC., AFFIDAVIT OF JOSHUA L. PREDOVICH Defendant. STATE OF OHIO ) SS: COUNTY OF fren khy ) Joshua L. Predovich, being first duly cautioned and sworn, hereby deposes and says as follows, to wit: 1 Affiant is Joshua L. Predovich, Project Manager for Plaintiff Steed Hammond Paul, Inc. (“SHP”), Plaintiff in the litigation captioned Steed Hammond Paul, Inc. v. Berardi Partners, Inc., Franklin County, Ohio Common Pleas Case No. 17-CV-001032. 2. At all relevant times, Affiant was Project Manager for SHP on the construction project for Ohio School for the Deaf and Ohio State School for the Blind (“Project”). 3 Prior to SHP contracting with Ohio State Facilities Commission (“OSFC”), SHP arranged for Berardi Partners, Inc. (“Berardi”) to be a sub-consultant on the Project in charge of designing the dormitory portion of the Project, sealing those drawings, and responding to RFs, reviewing submittals and responding to. other requests throughout the pre-construction and construction phases of the Project. SHP made this decision based on Berardi’s reputed expertise in designing multiple unit residential projects. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 13 9:44 AM-17CV001032 0E232 - Q41 4 SHP was awarded the contract to act as architect for the Project and on January 30, 2008, SHP entered into a written contract with OSFC for such work. A true and accurate copy of such contract is attached hereto as Exhibit A. 5 The OSFC contracted with Lend Lease as its construction manager, TransAmerica Building Co., Inc. as its general trades contractor, and Jutte Electric, Ltd. as electrical contractor. 6 Ultimately two lawsuits arose out of the Project, TransAmerica Building Co., Inc. v. Ohio Schools Facilities Commission, filed in the Ohio Court of Claims as Case No. 2013- 00349 and Jutte Electric, Ltd. v. Ohio Facilities Construction Commission filed in the Ohio Court of Claims as Case No. 2014-00318. In each action, the OSFC filed a third party complaint against SHP and SHP filed a fourth party complaint against Berardi. True and accurate copies of those pleadings are attached hereto, collectively, as Exhibit B. 7 The TransAmerica lawsuit proceeded to trial between TransAmerica and OSFC. A true and accurate copy of the Decision in that case is attached hereto as Exhibit C. 8 Both before and after the TransAmerica trial, mediation and settlement decisions took place by and between SHP, Berardi, and the other parties. At those settlement discussions, Berardi did not offer sufficient funds to effect a settlement of the claim against SHP (and as a result, resolve the fourth party claim against Berardi). 9 Ultimately SHP entered into a settlement agreement of the third party complaint filed by OSFC against SHP, through a payment from SHP in the sum of $971,700. A true and accurate correct copy of such settlement agreement is attached hereto as Exhibit D. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 13 9:44 AM-17CV001032 0E232 - Q42 Further Affiant sayeth naught. J ln l~. ua L. Predovich Sworn to before me and subscribed in my presence this_|2-_ day of July, 2018. A AA Ap Sr Notary Public DAVID M. RICK KE T, Attorney at Law Nt OR: Pu Ghito My Comer i has no sai tis on dai ee Hoy be 7.08 2. RG Sei ston