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Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
0D435 - G93
In the Court of Common Pleas, Franklin County, Ohio, General Division
Steed Hammond Paul, Inc. ;
Plaintiff/Appellant,
vs. Case No.
Berardi Partners, Inc. ;
Defendant/Appellee,
Civil Case Filing Information Summary
Type of Action/Case Classification:
Professional Tort (Type A) Product Liability (Type B)
($225.00 Security Deposit Required) ($225.00 Security Deposit Required)
Other Torts (Type C) Workers Compensation (Type D) |
($225.00 Security Deposit Required) (6225.00 Security Deposit Required) i
Foreclosure (Type E) Administrative Appeal (Type F)
($350.00 Security Deposit Required) ($100.00 Security Deposit Required)
v All Other Civil Cases (Type H) Cognovit Confession of Judgment (H)
(225.00 Security Deposit Required) ($100.00 Security Deposit Required) i
JURY DEMAND? NO Total Security Deposit $ 225.00
($300.00 Additional Security Deposit Required) (Yes or No)
Is a TEMPORARY RESTRAINING ORDER being requested at this time? NO
(Yes or No)
Is this a case in which ALL the issues presented are a result of the
defendant(s) having signed and defaulted on a COGNOVIT NOTE? NO
(Yes or No)
Is this a FORCIBLE ENTRY AND DETAINER case? NO
(Yes or No)
Does this case include allegations of CONSUMER SALES PRACTICES
ACT violations under Chapter 1345 or any other statutory consumer
protection provision of the Ohio Revised Code? NO
(Yes or No)
Refiling Information:
If this is a REFILING of a previously dismissed case, please complete the following: :
Previous Case No. N/A Original Judge N/A
MAS 0010483
Attorney/Party Signature Attorney Ohio Sup. Ct. Registration No.
David M. Rickert (937) 223-6003
‘Attorney/Party Name (Type or Print) Telephone Number
110 N. Main Street, Suite 1000 (937) 223-8550
Mailing Address Facsimile Number
Dayton OH 45402
City State Zip CodeFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
0D435 - G94
IN THE FRANKLIN COUNTY COMMON PLEAS COURT, OHIO
CIVIL DIVISION
STEED HAMMOND PAUL, INC. : CASENO:
4805 Montgomery Road :
Cincinnati, Ohio 45212 : JUDGE:
Plaintiff,
v. : COMPLAINT
BERARDI PARTNERS, INC.
1398 Goodale Boulevard
Columbus, Ohio 43212 |
|
Defendant.
Now comes Plaintiff Steed Hammond Paul, Inc. (“SHP”), and for its Complaint against
Defendant Berardi & Partners, Inc. (“Berardi”) states as follows:
BACKGROUND
1 Plaintiff SHP is an Ohio corporation with its principal place of business located in
Cincinnati, Ohio. SHP is in the business of providing professional architectural services
to its clients.
2. Defendant Berardi is an Ohio entity with its principal place of business located in
Columbus, Ohio. Berardi also is in the business of providing professional architectural
services to clients.0D435 - G95
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
This lawsuit arises out of a construction project known as the Ohio State School for the
Blind and Ohio School for the Deaf Projects (the “Project””). Pursuant to a contract with
the Ohio School Facilities Commission (““OSFC”), SHP was the architect of record for
the Project and subcontracted responsibility for architectural design work pertaining to
the dormitory portion of the project, including being architect of record for that portion of
the project, to Berardi. In addition, Berardi was to provide some construction
administration services for the dormitory construction. Documents evidencing the
contract between SHP and Berardi are attached hereto as Exhibit 1 (collectively, the
“Contract”). Berardi’s scope of work included, but was not necessarily limited to,
producing design documents and responsibility for responding to requests for
information, change orders, and providing related information and documentation for the
dormitory portion of the Project.
Berardi breached its contractual obligations by, inter alia, producing inaccurate drawings,
failing to timely respond to Requests for Information from those performing construction
services, and failing to produce updated drawings as required by SHP.
As a result of Berardi’s deficient performance of its contract, TransAmerica Building
Company, Inc. (“TransAmerica”), the general trades prime contractor on the Project filed
suit against the OSFC for its claimed losses resulting from Berardi’s acts and omissions.
SHP was named as a third party defendant in such action, and filed fourth party claims
against Berardi.
After a trial in the Ohio Court of Claims, a judgment was rendered against OSFC and in
favor of Transamerica in a sum in excess of $1,800,000, plus pre- and post-judgment
interest. The third and fourth party claims were bifurcated and were not tried. Ultimately,10.
11.
12.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
0D435 - G96
to avoid potential liability and additional defense costs and expenses, SHP entered into a
reasonable settlement agreement with Transamerica and OSFC for the payment of
$971,700.
As a result, SHP now brings the instant action against Berardi to recover the damages that
SHP incurred as a direct and proximate result of (a) the time spent and expenses incurred
to correct or address Berardi’s deficient work; (b) the time spent and expenses incurred to
address and defend lawsuits and legal claims that followed; and, (c) payments SHP had to
make to settle certain claims that were based on damages directly and proximately caused
by Berardi’s deficient work which were and continue to be the legal responsibility of
Berardi.
This Court has jurisdiction over the parties and claims and is the proper venue for this
lawsuit because the Project was located in Franklin County, Ohio; because Berardi’s
principal place of business is in Franklin County, Ohio; and because Berardi’s deficient
work that is the subject of SHP’s claims occurred mainly in Franklin County, Ohio.
COUNTI
BREACH OF CONTRACT
SHP incorporates its preceding allegations as if fully rewritten here.
SHP and Berardi entered into the aforementioned Contract in connection with the Project.
The Contract called for SHP to pay Berardi for its services, as described more fully in the
Contract.
The Contract further incorporated the requirement under Ohio law that Berardi perform
its architectural work reasonably and in accordance with professional standards of care
applicable to the architectural profession.
SHP fully performed its obligations under the Contract.
30D435 - G97
13.
14.
15.
16.
17.
18.
19.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
Berardi failed to perform its obligations under the Contract as set forth above and
therefore breached such Contract, directly and proximately causing SHP to incur
reasonable and necessary expenses to correct Berardi’s deficient work, and in the defense
and settlement of the OSFC/Transamerica claim.
As a direct and proximate result of Berardi’s material breaches of its Contract, SHP has
sustained damages in excess of $25,000, the specific amount of which will be proven at
trial in this matter.
COUNT II
PROFESSIONAL NEGLIGENCE
SHP incorporates its preceding allegations as if fully rewritten herein.
Under Ohio law, the Contract between SHP and Berardi incorporated a duty that Berardi
perform its work reasonably and in accordance with professional standards of care
applicable in the architectural profession.
Berardi breached that duty, because its work on the Project fell below the applicable
standards of care in several respects as set forth above. By way of example, Berardi was
negligent in failing to provide accurate plans and specifications, failing to timely correct
plans and specifications that were incomplete or inaccurate when provided, and failing to
provide information requested by contractors regarding its design.
As a direct and proximate result of Berardi’s negligent breaches of duty and failure to
meet the applicable standard of care, SHP has sustained damages in excess of $25,000 as
described above, the specific amount of which will be proven at trial in this matter.
COUNT III
INDEMNIFICATION
SHP incorporates its preceding allegations as if fully rewritten herein.0D435 - G98
20.
21.
22.
23.
24.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
TransAmerica filed a lawsuit in connection with the Project. SHP was one of the third-
party defendants in the TransAmerica lawsuit.
TransAmerica’s claims against SHP in the lawsuit were premised on Berardi’s deficient
work on the Project. As a result, SHP joined Berardi to the lawsuit and asserted fourth-
party claims against Berardi, including, but not limited to, a claim seeking
indemnification and/or contribution from Berardi.
Given the significant risks associated with a trial in the Transamerica lawsuit, because of
the evidence that demonstrated the deficient nature of Berardi’s work, SHP entered into
settlement negotiations with TransAmerica and other interested parties in an attempt to
reach a fair and reasonable settlement. Despite SHP’s repeated requests, Berardi refused
to contribute any sums toward the settlement, even though it bore ultimate legal
responsibility for the claims that had been asserted against SHP.
In approximately May, 2016, SHP provided a final written notice and demand to Berardi,
wherein SHP demanded that Berardi accept legal responsibility for and settle the pending
claims against SHP related to Berardi’s deficient work. SHP further advised Berardi that
TransAmerica was willing to accept a fair and reasonable amount to resolve such claims.
In the notice and demand, SHP provided further details regarding the ongoing settlement
negotiations. Berardi once again rejected and/or failed to comply with SHP’s demand.
Ultimately, in repeatedly rejecting and/or failing to comply with SHP’s demands for
indemnification in connection with TransAmerica’s claims, Berardi placed SHP at risk of
increased liability over and above the amount(s) contemplated in the settlement
negotiations with TransAmerica. As a result, SHP moved forward with a fair and25.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
0D435 - G99
reasonable settlement and fully paid the portion of the settlement attributed to the harm
that Berardi’s deficient work on the Project had caused.
As a direct and proximate result of Berardi’s refusal to indemnify SHP and/or contribute
in any meaningful way to the settlement, SHP has been damaged. SHP’s damages
consist of the settlement funds it had to pay on behalf of Berardi because of Berardi’s
deficient work, in the sum of $971,700), and its time spent and attorney fees and other
expenses incurred in defending against the Transamerica/OSFC claims. SHP is,
therefore, entitled to indemnification in such amount.
WHEREFORE, Plaintiff SHP prays for Judgment against Defendant Berardi:
1. On its First Claim for Relief in the amounts incurred by SHP in the defense and
settlement of the Transamerica litigation, in a currently unliquidated sum in excess of $25,000;
2. In the alternative, in its Second Claim for Relief in the amounts incurred by SHP
in the defense and settlement of the Transamerica litigation, in a currently unliquidated sum in
excess of $25,000;
3. In the alternative, in its Third Claim for Relief in the amounts incurred by SHP in
the defense and settlement of the Transamerica litigation, in a currently unliquidated sum in
excess of $25,000.
SHP further prays for its reasonable attorney fees and expenses of this action, interest on
the above sums, and all other and further relief to which it may be entitled.0D435 - H1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032
Respectfully submitted,
/s/David M. Rickert
David M. Rickert (0010483)
Attorney for Plaintiff
DUNLEVEY MAHAN & FURRY
110 North Main Street, Suite 1000
Dayton, Ohio 45402
(937) 223-6003
dmr@dmfdayton.com
Fax: (937) 223-8550
CERTIFICATE OF SERVICE
I hereby certify that on January 30, 2017, I electronically filed the foregoing with the
Clerk of the Court by using the ECF system which will send a notice of electronic filing to
Defendant.
/s/David M. Rickert
David M. Rickert (0010483)
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 0D435 - G93 In the Court of Common Pleas, Franklin County, Ohio, General Division Steed Hammond Paul, Inc. ; Plaintiff/Appellant, vs. Case No. Berardi Partners, Inc. ; Defendant/Appellee, Civil Case Filing Information Summary Type of Action/Case Classification: Professional Tort (Type A) Product Liability (Type B) ($225.00 Security Deposit Required) ($225.00 Security Deposit Required) Other Torts (Type C) Workers Compensation (Type D) | ($225.00 Security Deposit Required) (6225.00 Security Deposit Required) i Foreclosure (Type E) Administrative Appeal (Type F) ($350.00 Security Deposit Required) ($100.00 Security Deposit Required) v All Other Civil Cases (Type H) Cognovit Confession of Judgment (H) (225.00 Security Deposit Required) ($100.00 Security Deposit Required) i JURY DEMAND? NO Total Security Deposit $ 225.00 ($300.00 Additional Security Deposit Required) (Yes or No) Is a TEMPORARY RESTRAINING ORDER being requested at this time? NO (Yes or No) Is this a case in which ALL the issues presented are a result of the defendant(s) having signed and defaulted on a COGNOVIT NOTE? NO (Yes or No) Is this a FORCIBLE ENTRY AND DETAINER case? NO (Yes or No) Does this case include allegations of CONSUMER SALES PRACTICES ACT violations under Chapter 1345 or any other statutory consumer protection provision of the Ohio Revised Code? NO (Yes or No) Refiling Information: If this is a REFILING of a previously dismissed case, please complete the following: : Previous Case No. N/A Original Judge N/A MAS 0010483 Attorney/Party Signature Attorney Ohio Sup. Ct. Registration No. David M. Rickert (937) 223-6003 ‘Attorney/Party Name (Type or Print) Telephone Number 110 N. Main Street, Suite 1000 (937) 223-8550 Mailing Address Facsimile Number Dayton OH 45402 City State Zip CodeFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 0D435 - G94 IN THE FRANKLIN COUNTY COMMON PLEAS COURT, OHIO CIVIL DIVISION STEED HAMMOND PAUL, INC. : CASENO: 4805 Montgomery Road : Cincinnati, Ohio 45212 : JUDGE: Plaintiff, v. : COMPLAINT BERARDI PARTNERS, INC. 1398 Goodale Boulevard Columbus, Ohio 43212 | | Defendant. Now comes Plaintiff Steed Hammond Paul, Inc. (“SHP”), and for its Complaint against Defendant Berardi & Partners, Inc. (“Berardi”) states as follows: BACKGROUND 1 Plaintiff SHP is an Ohio corporation with its principal place of business located in Cincinnati, Ohio. SHP is in the business of providing professional architectural services to its clients. 2. Defendant Berardi is an Ohio entity with its principal place of business located in Columbus, Ohio. Berardi also is in the business of providing professional architectural services to clients.0D435 - G95 Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 This lawsuit arises out of a construction project known as the Ohio State School for the Blind and Ohio School for the Deaf Projects (the “Project””). Pursuant to a contract with the Ohio School Facilities Commission (““OSFC”), SHP was the architect of record for the Project and subcontracted responsibility for architectural design work pertaining to the dormitory portion of the project, including being architect of record for that portion of the project, to Berardi. In addition, Berardi was to provide some construction administration services for the dormitory construction. Documents evidencing the contract between SHP and Berardi are attached hereto as Exhibit 1 (collectively, the “Contract”). Berardi’s scope of work included, but was not necessarily limited to, producing design documents and responsibility for responding to requests for information, change orders, and providing related information and documentation for the dormitory portion of the Project. Berardi breached its contractual obligations by, inter alia, producing inaccurate drawings, failing to timely respond to Requests for Information from those performing construction services, and failing to produce updated drawings as required by SHP. As a result of Berardi’s deficient performance of its contract, TransAmerica Building Company, Inc. (“TransAmerica”), the general trades prime contractor on the Project filed suit against the OSFC for its claimed losses resulting from Berardi’s acts and omissions. SHP was named as a third party defendant in such action, and filed fourth party claims against Berardi. After a trial in the Ohio Court of Claims, a judgment was rendered against OSFC and in favor of Transamerica in a sum in excess of $1,800,000, plus pre- and post-judgment interest. The third and fourth party claims were bifurcated and were not tried. Ultimately,10. 11. 12. Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 0D435 - G96 to avoid potential liability and additional defense costs and expenses, SHP entered into a reasonable settlement agreement with Transamerica and OSFC for the payment of $971,700. As a result, SHP now brings the instant action against Berardi to recover the damages that SHP incurred as a direct and proximate result of (a) the time spent and expenses incurred to correct or address Berardi’s deficient work; (b) the time spent and expenses incurred to address and defend lawsuits and legal claims that followed; and, (c) payments SHP had to make to settle certain claims that were based on damages directly and proximately caused by Berardi’s deficient work which were and continue to be the legal responsibility of Berardi. This Court has jurisdiction over the parties and claims and is the proper venue for this lawsuit because the Project was located in Franklin County, Ohio; because Berardi’s principal place of business is in Franklin County, Ohio; and because Berardi’s deficient work that is the subject of SHP’s claims occurred mainly in Franklin County, Ohio. COUNTI BREACH OF CONTRACT SHP incorporates its preceding allegations as if fully rewritten here. SHP and Berardi entered into the aforementioned Contract in connection with the Project. The Contract called for SHP to pay Berardi for its services, as described more fully in the Contract. The Contract further incorporated the requirement under Ohio law that Berardi perform its architectural work reasonably and in accordance with professional standards of care applicable to the architectural profession. SHP fully performed its obligations under the Contract. 30D435 - G97 13. 14. 15. 16. 17. 18. 19. Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 Berardi failed to perform its obligations under the Contract as set forth above and therefore breached such Contract, directly and proximately causing SHP to incur reasonable and necessary expenses to correct Berardi’s deficient work, and in the defense and settlement of the OSFC/Transamerica claim. As a direct and proximate result of Berardi’s material breaches of its Contract, SHP has sustained damages in excess of $25,000, the specific amount of which will be proven at trial in this matter. COUNT II PROFESSIONAL NEGLIGENCE SHP incorporates its preceding allegations as if fully rewritten herein. Under Ohio law, the Contract between SHP and Berardi incorporated a duty that Berardi perform its work reasonably and in accordance with professional standards of care applicable in the architectural profession. Berardi breached that duty, because its work on the Project fell below the applicable standards of care in several respects as set forth above. By way of example, Berardi was negligent in failing to provide accurate plans and specifications, failing to timely correct plans and specifications that were incomplete or inaccurate when provided, and failing to provide information requested by contractors regarding its design. As a direct and proximate result of Berardi’s negligent breaches of duty and failure to meet the applicable standard of care, SHP has sustained damages in excess of $25,000 as described above, the specific amount of which will be proven at trial in this matter. COUNT III INDEMNIFICATION SHP incorporates its preceding allegations as if fully rewritten herein.0D435 - G98 20. 21. 22. 23. 24. Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 TransAmerica filed a lawsuit in connection with the Project. SHP was one of the third- party defendants in the TransAmerica lawsuit. TransAmerica’s claims against SHP in the lawsuit were premised on Berardi’s deficient work on the Project. As a result, SHP joined Berardi to the lawsuit and asserted fourth- party claims against Berardi, including, but not limited to, a claim seeking indemnification and/or contribution from Berardi. Given the significant risks associated with a trial in the Transamerica lawsuit, because of the evidence that demonstrated the deficient nature of Berardi’s work, SHP entered into settlement negotiations with TransAmerica and other interested parties in an attempt to reach a fair and reasonable settlement. Despite SHP’s repeated requests, Berardi refused to contribute any sums toward the settlement, even though it bore ultimate legal responsibility for the claims that had been asserted against SHP. In approximately May, 2016, SHP provided a final written notice and demand to Berardi, wherein SHP demanded that Berardi accept legal responsibility for and settle the pending claims against SHP related to Berardi’s deficient work. SHP further advised Berardi that TransAmerica was willing to accept a fair and reasonable amount to resolve such claims. In the notice and demand, SHP provided further details regarding the ongoing settlement negotiations. Berardi once again rejected and/or failed to comply with SHP’s demand. Ultimately, in repeatedly rejecting and/or failing to comply with SHP’s demands for indemnification in connection with TransAmerica’s claims, Berardi placed SHP at risk of increased liability over and above the amount(s) contemplated in the settlement negotiations with TransAmerica. As a result, SHP moved forward with a fair and25. Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 0D435 - G99 reasonable settlement and fully paid the portion of the settlement attributed to the harm that Berardi’s deficient work on the Project had caused. As a direct and proximate result of Berardi’s refusal to indemnify SHP and/or contribute in any meaningful way to the settlement, SHP has been damaged. SHP’s damages consist of the settlement funds it had to pay on behalf of Berardi because of Berardi’s deficient work, in the sum of $971,700), and its time spent and attorney fees and other expenses incurred in defending against the Transamerica/OSFC claims. SHP is, therefore, entitled to indemnification in such amount. WHEREFORE, Plaintiff SHP prays for Judgment against Defendant Berardi: 1. On its First Claim for Relief in the amounts incurred by SHP in the defense and settlement of the Transamerica litigation, in a currently unliquidated sum in excess of $25,000; 2. In the alternative, in its Second Claim for Relief in the amounts incurred by SHP in the defense and settlement of the Transamerica litigation, in a currently unliquidated sum in excess of $25,000; 3. In the alternative, in its Third Claim for Relief in the amounts incurred by SHP in the defense and settlement of the Transamerica litigation, in a currently unliquidated sum in excess of $25,000. SHP further prays for its reasonable attorney fees and expenses of this action, interest on the above sums, and all other and further relief to which it may be entitled.0D435 - H1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Jan 30 2:48 PM-17CV001032 Respectfully submitted, /s/David M. Rickert David M. Rickert (0010483) Attorney for Plaintiff DUNLEVEY MAHAN & FURRY 110 North Main Street, Suite 1000 Dayton, Ohio 45402 (937) 223-6003 dmr@dmfdayton.com Fax: (937) 223-8550 CERTIFICATE OF SERVICE I hereby certify that on January 30, 2017, I electronically filed the foregoing with the Clerk of the Court by using the ECF system which will send a notice of electronic filing to Defendant. /s/David M. Rickert David M. Rickert (0010483)