Accurate Elec. Constr., Inc. v. Ohio State Univ.

Citations

• 2019 Ohio 4992

Syllabus

Judgment affirmed in part and reversed in part. The Court of Claims erred in granting the University's motion for summary judgment for the following reasons: the court failed to separately analyze each of the individual claims asserted in the plaintiff's January 3, 2014 claim letter to determine when the event giving rise to each claim may have occurred, the record presented genuine issues of material face regarding whether the University waived its right to strict compliance with the notice provision in Article 8 of the contract, and the plaintiff never sought to obtain the final contract balance. Because there were genuine issues of material fact regarding the application of Article 8 to the case, the court also erred in granting the University summary judgment on the plaintiff's claim for breach of the duty of good faith and fair dealing. The University met its initial summary judgment burden with respect to Counts 3 and 4 of the complaint, and the Court of Claims did not err in granting the University summary judgment on plaintiff's claim for breach of implied warranties. The trial court did not err in granting the University leave to file a reply brief or in denying the plaintiff's request for leave to file a surreply brief.