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CV-2019-04-1389 BREAUX, ALISON 04/10/2019 15:56:35 PM CMCO Page 1 of 12

IN THE COURT OF COMMON PLEAS


SUMMIT COUNTY, OHIO

THE UNIVERSITY OF AKRON, :


302 E. Buchtel Ave. :
Akron, OH 44325 :
:
Plaintiff, :
:
vs. :
:
HNTB OHIO, INC., :
c/o Cogency Global, Inc., Statutory Agent :
3958-D Brown Park Drive :
Hilliard, OH 43026 : CASE NO.
:
and :
:
WELTY BUILDING COMPANY, LTD, : JUDGE
c/o B & MCD., Inc., Statutory Agent :
388 S. Main St., Suite 500 :
Akron, OH 44311 : Jury Demand Endorsed Hereon
:
and :
: COMPLAINT
PARSONS CONCRETE CONTRACTORS, INC., :
c/o Gary Parsons, Jr., Statutory Agent :
7530 Tim Avenue :
North Canton, OH 44720 :
:
and :
:
OHIO FARMERS INSURANCE COMPANY :
One Park Circle :
Westfield Center, OH 44251 :
:
and :
:
EPI OF CLEVELAND, INC. :
c/o Matthew Ventura, Statutory Agent :
1600 W. Mill Street :
Peninsula, OH 44264 :
:
and :
:
:

Sandra Kurt, Summit County Clerk of Courts


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UNITED STATES SURETY COMPANY :


National Registered Agents, Inc. :
4400 Easton Commons Way, Suite 125 :
Columbus, OH 43219 :

Defendants.

INTRODUCTION

1. The University of Akron has suffered a catastrophic and consistent failure of the

railing systems in its football stadium due to poor design, failed oversight and construction

deficiencies committed by the Defendants, all of which will cost over $1 million to fix. (See

exemplar photos attached at Exhibit A.)

STATEMENT OF FACTS

2. The University of Akron contracted with HNTB Ohio, Inc. (HNTB) to provide

the design and construction administration for the University of Akron’s football stadium.

3. The University of Akron contracted with the Welty Building Company (Welty) to

serve as the construction manager for the building of the University of Akron’s football stadium.

4. The University of Akron contracted with Parsons Concrete Contractors, Inc.

(Parsons Concrete) to provide the concrete work for the stadium, including adequate support for

the posts holding the railings in place.

5. The University of Akron contracted with EPI of Cleveland, Inc. (EPI) to provide

the grout that would be used to hold the railings in place.

6. Defendant Sureties, Ohio Farmers Insurance Company (Farmers) and United

States Surety Company (USSC), referred to collectively as the “Sureties”, issued statutorily

mandated bonds on behalf of their principals, Parsons Concrete and EPI, respectively.

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7. The Defendants are in possession of their contracts and bonds such that they do

not need to be attached to this complaint.

8. The University of Akron has suffered catastrophic and consistent failure of the

railings throughout its football stadium. (See exemplar photos attached at Exhibit A.)

BREACH OF CONTRACT BY HNTB

9. Defendant HNTB had a contractual duty to provide adequate design and

construction administration for the University of Akron’s football stadium, which included an

adequately supported railing system.

10. Defendant HNTB breached the aforementioned contractual duties.

11. As a direct and proximate cause of these breaches, the University of Akron has

incurred damages to the railing system of the football stadium which will cost over $1 million to

repair.

BREACH OF CONTRACT BY WELTY

12. Defendant Welty had a contractual duty to provide construction management

services for the construction of the University of Akron’s football stadium, including oversight

of an adequately supported railing installation in compliance with the plans, specifications and

standards of good workmanship.

13. Defendant Welty breached the aforementioned contractual duties.

14. As a direct and proximate cause of these breaches, the University of Akron will

incur damages in excess of $1 million to repair the stadium railings.

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BREACH OF CONTRACT BY PARSONS

15. Defendant Parsons had a contractual duty to perform concrete work which

included the placement of sleeves with rebar within which the stadium railings would be placed.

16. Defendant Parsons breached the aforementioned contractual duties.

17. As a direct and proximate cause of these breaches, the University of Akron has

incurred damages in excess of $1 million to repair the stadium railings.

BREACH OF CONTRACT BY EPI

18. Defendant EPI had a contractual duty which included installing the appropriate

grout to hold the stadium railing posts in place.

19. Defendant EPI breached the aforementioned contractual duties.

20. As a direct and proximate cause of these breaches, the University of Akron has

incurred damages to the railing system in their football stadium which will cost over $1 million

to repair.

BREACH OF DUTIES BY SURETIES

21. Defendants, Farmers and USSC had statutory and contractual duties, through the

bonds they issued, to ensure the contractual performance of their principals, Parsons Concrete

and EPI, respectively.

22. Defendant Sureties have breached the aforementioned duties.

23. As a direct and proximate cause of those breaches, the University of Akron has

incurred damages to the railing system in their stadium and has been left on its own to spend and

recover the $1 million repair cost.

WHEREFORE, the University of Akron demands a judgment against each of the

defendants in this case, jointly and severally, for damages in excess of this court’s jurisdictional

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Sandra Kurt, Summit County Clerk of Courts


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minimum of $25,000.00 as well as interest, costs, and any other relief which the University is

entitled to as a matter of law.

JURY DEMAND

The University of Akron hereby demands a jury trial of this matter.

Respectfully submitted,

DAVE YOST
Attorney General of Ohio

/s/ William C. Becker


WILLIAM C. BECKER (0013476)
JAMES E. ROOK (0061671)
DANIEL R. FORSYTHE (0081391)
Assistant Attorneys General
Court of Claims Defense
150 E. Gay Street, 18th Floor
Columbus, OH 43215-4220
william.becker@ohioattorneygeneral.gov
james.rook@ohioattorneygeneral.gov
daniel.forsythe@ohioattorneygeneral.gov
Ph: (614) 466-7447/ Fax: (614) 644-9185

Counsel for Plaintiff, The University of Akron

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Sandra Kurt, Summit County Clerk of Courts


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EXHIBIT
A
Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts


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Sandra Kurt, Summit County Clerk of Courts


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Sandra Kurt, Summit County Clerk of Courts


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Sandra Kurt, Summit County Clerk of Courts