Inc. v. Reynoldsburg City Schools

Cleveland Constr., Inc. v. Reynoldsburg City Schools,
1996 Ohio App. LEXIS 2751 (June 28, 1996)
No-damage-for-delay clause in contract is not enforceable if the extent and magnitude of the delay was unforeseeable at the time the contract was executed and, therefore, summary judgment was improperly granted where question of material fact existed concerning the foreseeability of the delay.
Cleveland Construction, Inc. (“Contractor”) entered into a contract with the Reynoldsburg City Schools (“Owner”) for the construction of several projects. The contract provided that the Contractor would begin its work in May 1993 and complete its work ten months later, by February 1994. The Contractor, however, was delayed for two months in beginning the project, was further delayed as a result of difficulties experienced by another of the Owner’s contractors, and was at one point required to temporarily abandon its work and return to the project at a later time. In the end, the originally contemplated ten-month project became an eighteen-month project.
Continue Reading Ohio Court of Appeals reverses summary judgment; question of material fact existed as to whether Owner could enforce no-damage-for delay clause against Contractor.