Mid Am. Constr., L.L.C. v. Univ. of Akron

Citations

• 2019 Ohio 3863

Syllabus

Court of Claims' determination that the University breached its agreement with appellee was not against the manifest weight of the evidence where the Court of Claims made an express determination that appellee's witnesses were more credible and persuasive than the University's witnesses and the evidence, though conflicting, supported a finding that many of the delays in construction were attributable to the construction manager, project architect, and other prime contractors. The Court of Claims' determination that the University breached the takeover agreement with appellee's Surety was not against the manifest weight of the evidence where the undisputed evidence showed that the University never released any of the remaining contract funds to the Surety to pay for work completed by the Surety's subcontractor. Court of Claims did not err when it awarded damages to appellee for a breach of the takeover agreement where appellee had taken an assignment from the Surety of the Surety's right to the remaining contract funds held by the University. The University failed to demonstrate, with reference to the record, that the award of damages to appellee included compensation for work appellee did not complete. Having correctly determined the University breached both the agreement with appellee and the takeover agreement with the Surety, the Court of Claims did not err by denying contractual and statutory damages to the University as compensation for delays to project completion. Judgment affirmed.