Colaianni Constr., Inc. v. Ohio School Facilities Comm.

Citations

• 2017 Ohio 7156

Syllabus

Breach of contract declaratory judgment motion to dismiss summary judgment motion to strike- The court found exhibits were not \mediation communications\ under R.C. 2710.01 and denied defendant's motion to strike. Plaintiff sought unpaid balance of construction contract and declaration that its work conformed to the contract and/or that it was not responsible for any additional work. The Court initially determined that it had subject matter and personal jurisdiction. The Court determined that an issue of fact existed regarding the accrual of plaintiff's claims and, therefore, when the statute of limitations began to run. The Court further determined that plaintiff did not unreasonably delay in bringing its claims and that the doctrine of laches did not bar plaintiff's claims. The Court also held that plaintiff's claim seeking a declaration of the parties' rights under the contract asserted a proper declaratory judgment claim while any claim seeking a determination of proximate cause did not. Finally, the Court found that plaintiff did not fail to join necessary parties and ultimately denied defendant's motion for summary judgment.