Florey Todd, LTD.

Representative Clients & Cases

Boone Coleman Constr. Inc. v. Village of Piketon, Ohio; Slip Opinion, 2016-Ohio-628

Successfully represented the Amici Curiae in support of an appeal to the Ohio Supreme Court of a Fourth District decision not to enforce a statutorily mandated liquidated damages provision. The Amici’s primary argument was that Ohio law requires that courts analyze the enforceability of liquidated damages prospectively, from the vantage point of the parties at the time the contract was executed. It was, therefore, inappropriate for the Fourth District to base its decision on the final application of the contract’s liquidated damages per-diem amount to the total delay.

Villages at Britton, Ltd., et al. v. Elite Site Development and Excavating, Inc., et al. Franklin County Court of Common Please, Ohio. Case No. 14CV002552

Represented the owners of two large-scale residential development projects, and the owners’ general contractor in its claims against a site-work subcontractor.  The subcontractor also filed counterclaims and third-party complaints.  The general contractor's site-work subcontractor abandoned one of the two projects and filed a lien.  The general contractor terminated the subcontractor for cause,  and filed suit for damages resulting from the default, the subcontractor's lien, and its defective work.  In our Motion for Summary Judgment, the owner and general contractor successfully argued that the subcontractor anticipatorily and actually breached its subcontract, which justified termination.

State ex rel. Associated Builders & Contrs. Of Cent. Ohio v. Franklin Cty. Bd. Of Commissioners, et al. (2010), 125 Ohio St.3d 112.

Represented the Associated Builders & Contractors of Central Ohio in their appeal to the Ohio Supreme Court challenging Franklin County’s application of its Quality Contracting Standards. As applied, the County’s standards disqualified contractors for clerical errors resulting in unintentional violations of the Ohio’s prevailing wage laws. The Ohio Supreme Court accepted jurisdiction, and after briefing and oral argument, ruled that Franklin County’s interpretation and application of its Quality Contracting Standards constituted an abuse of discretion.

Lasmer Industries, Inc. v. Mary Susan Chadick, et al.; United States District Court for the Southern Dist. of Ohio Case No. 2:08-0824

Represented Lasmer Industries, Inc. in an appeal of its debarment from government contracting. Prior to debarment, Lasmer was in the business of selling replacement parts for the High-Mobility Multipurpose Wheeled Vehicles (HMMWVs) used by the U.S. military. Lasmer was debarred in 2005 due to alleged defects in the parts it sold the government. The government extended Lasmer’s debarment in 2008 after Lasmer filled orders during its debarment period. Our court action disputed both the 2005 debarment and the extension.

The Painting Company, Inc. v. The Ohio State University; Ohio Supreme Court Case No. 2009-2249

Representing The Painting Company, I appealed two adverse decisions to the Ohio Supreme Court. The lower courts interpreted two provisions of the Ohio Revised Code as setting an artificial accrual date for a cause of action against the state, thereby barring our client’s claims. The Painting Company's position was that the lower courts had misinterpreted two provisions within Article 8 of the Ohio Revised Code, which were intended to merely act as jurisdictional requirements for a contractor’s access to the Ohio Court of Claims.

City of Lawrence v. Peabody Construction Co., et al.; Superior Court of Essex County, Massachusetts. Case No. 12-2044C

Represented the City of Lawrence in an action against its original general contractor on a new school construction project, as well as the contractor’s surety. During the course of construction, the contractor defaulted and was terminated. The surety stepped in and completed the project with a replacement contractor of its choice. After completion, defects were discovered in the work of the original contractor, which led to significant remediation costs and additional delays. The City of Lawrence filed suit against the contractor and surety to recover costs and additional liquidated damages.

Claggett & Sons, Inc. v. Bd. of Ed. for the Licking County School Dist., et al. Licking County Court of Common Pleas Case No. 06CV0488

Represented Claggett & Sons, Inc. in its action against the Licking County Board of Education, as well as the Board’s architect. Claggett was awarded the general trades package for the renovation and expansion of an existing school building. As the project neared completion, the Board terminated Claggett based on the recommendation of its architect. The case culminated in a three-week trial resulting in a $3.6 million verdict in favor of Claggett. The court also ruled that the architect was guilty of bad faith and awarded punitive damages.

Dublin Building Systems, Inc. v. Keiser Design Group, Inc.; Delaware County Court of Common Pleas Case No. 10CV1587

Dublin Building Systems, Inc., was hired by the Bharatiya Temple Society of Central Ohio to renovate an existing temple, and to construct two expansions. Pursuant to its design- build contract with Bharatiya, Dublin Building partnered with Keiser Design Group, Inc., which performed all design work. When work began, Dublin Building discovered that many of the design components were not structurally adequate. Dublin Building filed suit against Keiser alleging breach of contract, breach of express and implied warranties, and professional negligence. This action was resolved through mediation on terms favorable to our client.

SGP Mulch & Soils LLC v. Rural King Supply Inc. v. Ohio Mulch Supply Inc.; Licking County Court of Common Pleas, Ohio. Case No. 14CV00779

Represented suppliers in defense and counterclaims against a retailer for breach of contract.  Suppliers sold mulch which retailer alleged did not contain the proper volume.  Supplier did not suffer damages, but nevertheless demanded a large discount from the suppliers. The suppliers' primary argument was that under the UCC, the retailer had accepted the goods and had not incurred any damages.

Jess Howard Electric Co. v. Ohio School Facilities Commission; Court of Claims of Ohio Case No. C2010-12737

The state entered into a prime contract with my client, Jess Howard Electric Co., under which Jess Howard was to perform all electrical work for the renovation and expansion of a local elementary school. During the course of the project the owner and other trades caused delays and extra work. The construction manager, however, failed to address those problems, revise the schedule, or approve Jess Howard’s claims for additional time and compensation. We filed suit on behalf of Jess Howard to recover the costs associated with the project’s delays and the extra work.

Painting Company, Inc. et al. v. Walsh/Demaria Joint Venture III, et al.; Southern Dist. of Ohio Case Nos. 2:08-0183, 2:09-0184

Represented The Painting Company, Inc., which had contracted with Walsh/DeMaria Joint Venture III, to perform all painting work for the Chalmers P. Wylie VA Clinic project in Columbus, Ohio. The Painting Company filed suit to recover unpaid portions of its base subcontract, and to recover additional compensation for a significant amount of extra painting The Painting Company was required to perform.  After a significant amount of discovery, expert analysis and lengthy dispositive motions, the case settled on terms favorable to our client.

Gutridge Plumbing, Inc., et al. v. Ohio School Facilities Commission, et al.; Franklin County Ohio Common Pleas Case No. 10 CV 16363

Represented Gutridge Plumbing, Inc., a plumbing and HVAC contractor, in its action for an injunction preventing the OSFC from releasing confidential business information in response to a public records act request.  Arguing first that the records at issue are protected by the Uniform Trade Secrets Act, and second, that they are not “public records” subject to release, our firm successfully obtained an injunction barring the OSFC from releasing our client’s records.

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Representative Clients & Cases

Boone Coleman Constr. Inc. v. Village of Piketon, Ohio; Slip Opinion, 2016-Ohio-628

Successfully represented the Amici Curiae in support of an appeal to the Ohio Supreme Court of a Fourth District decision not to enforce a statutorily mandated liquidated damages provision. The Amici’s primary argument was that Ohio law requires that courts analyze the enforceability of liquidated damages prospectively, from the vantage point of the parties at the time the contract was executed. It was, therefore, inappropriate for the Fourth District to base its decision on the final application of the contract’s liquidated damages per-diem amount to the total delay.

Villages at Britton, Ltd., et al. v. Elite Site Development and Excavating, Inc., et al. Franklin County Court of Common Please, Ohio. Case No. 14CV002552

Represented the owners of two large-scale residential development projects, and the owners’ general contractor in its claims against a site-work subcontractor.  The subcontractor also filed counterclaims and third-party complaints.  The general contractor's site-work subcontractor abandoned one of the two projects and filed a lien.  The general contractor terminated the subcontractor for cause,  and filed suit for damages resulting from the default, the subcontractor's lien, and its defective work.  In our Motion for Summary Judgment, the owner and general contractor successfully argued that the subcontractor anticipatorily and actually breached its subcontract, which justified termination.

State ex rel. Associated Builders & Contrs. Of Cent. Ohio v. Franklin Cty. Bd. Of Commissioners, et al. (2010), 125 Ohio St.3d 112.

Represented the Associated Builders & Contractors of Central Ohio in their appeal to the Ohio Supreme Court challenging Franklin County’s application of its Quality Contracting Standards. As applied, the County’s standards disqualified contractors for clerical errors resulting in unintentional violations of the Ohio’s prevailing wage laws. The Ohio Supreme Court accepted jurisdiction, and after briefing and oral argument, ruled that Franklin County’s interpretation and application of its Quality Contracting Standards constituted an abuse of discretion.

Lasmer Industries, Inc. v. Mary Susan Chadick, et al.; United States District Court for the Southern Dist. of Ohio Case No. 2:08-0824

Represented Lasmer Industries, Inc. in an appeal of its debarment from government contracting. Prior to debarment, Lasmer was in the business of selling replacement parts for the High-Mobility Multipurpose Wheeled Vehicles (HMMWVs) used by the U.S. military. Lasmer was debarred in 2005 due to alleged defects in the parts it sold the government. The government extended Lasmer’s debarment in 2008 after Lasmer filled orders during its debarment period. Our court action disputed both the 2005 debarment and the extension.

The Painting Company, Inc. v. The Ohio State University; Ohio Supreme Court Case No. 2009-2249

Representing The Painting Company, I appealed two adverse decisions to the Ohio Supreme Court. The lower courts interpreted two provisions of the Ohio Revised Code as setting an artificial accrual date for a cause of action against the state, thereby barring our client’s claims. The Painting Company's position was that the lower courts had misinterpreted two provisions within Article 8 of the Ohio Revised Code, which were intended to merely act as jurisdictional requirements for a contractor’s access to the Ohio Court of Claims.

City of Lawrence v. Peabody Construction Co., et al.; Superior Court of Essex County, Massachusetts. Case No. 12-2044C

Represented the City of Lawrence in an action against its original general contractor on a new school construction project, as well as the contractor’s surety. During the course of construction, the contractor defaulted and was terminated. The surety stepped in and completed the project with a replacement contractor of its choice. After completion, defects were discovered in the work of the original contractor, which led to significant remediation costs and additional delays. The City of Lawrence filed suit against the contractor and surety to recover costs and additional liquidated damages.

Claggett & Sons, Inc. v. Bd. of Ed. for the Licking County School Dist., et al. Licking County Court of Common Pleas Case No. 06CV0488

Represented Claggett & Sons, Inc. in its action against the Licking County Board of Education, as well as the Board’s architect. Claggett was awarded the general trades package for the renovation and expansion of an existing school building. As the project neared completion, the Board terminated Claggett based on the recommendation of its architect. The case culminated in a three-week trial resulting in a $3.6 million verdict in favor of Claggett. The court also ruled that the architect was guilty of bad faith and awarded punitive damages.

Dublin Building Systems, Inc. v. Keiser Design Group, Inc.; Delaware County Court of Common Pleas Case No. 10CV1587

Dublin Building Systems, Inc., was hired by the Bharatiya Temple Society of Central Ohio to renovate an existing temple, and to construct two expansions. Pursuant to its design- build contract with Bharatiya, Dublin Building partnered with Keiser Design Group, Inc., which performed all design work. When work began, Dublin Building discovered that many of the design components were not structurally adequate. Dublin Building filed suit against Keiser alleging breach of contract, breach of express and implied warranties, and professional negligence. This action was resolved through mediation on terms favorable to our client.

SGP Mulch & Soils LLC v. Rural King Supply Inc. v. Ohio Mulch Supply Inc.; Licking County Court of Common Pleas, Ohio. Case No. 14CV00779

Represented suppliers in defense and counterclaims against a retailer for breach of contract.  Suppliers sold mulch which retailer alleged did not contain the proper volume.  Supplier did not suffer damages, but nevertheless demanded a large discount from the suppliers. The suppliers' primary argument was that under the UCC, the retailer had accepted the goods and had not incurred any damages.

Jess Howard Electric Co. v. Ohio School Facilities Commission; Court of Claims of Ohio Case No. C2010-12737

The state entered into a prime contract with my client, Jess Howard Electric Co., under which Jess Howard was to perform all electrical work for the renovation and expansion of a local elementary school. During the course of the project the owner and other trades caused delays and extra work. The construction manager, however, failed to address those problems, revise the schedule, or approve Jess Howard’s claims for additional time and compensation. We filed suit on behalf of Jess Howard to recover the costs associated with the project’s delays and the extra work.

Painting Company, Inc. et al. v. Walsh/Demaria Joint Venture III, et al.; Southern Dist. of Ohio Case Nos. 2:08-0183, 2:09-0184

Represented The Painting Company, Inc., which had contracted with Walsh/DeMaria Joint Venture III, to perform all painting work for the Chalmers P. Wylie VA Clinic project in Columbus, Ohio. The Painting Company filed suit to recover unpaid portions of its base subcontract, and to recover additional compensation for a significant amount of extra painting The Painting Company was required to perform.  After a significant amount of discovery, expert analysis and lengthy dispositive motions, the case settled on terms favorable to our client.

Gutridge Plumbing, Inc., et al. v. Ohio School Facilities Commission, et al.; Franklin County Ohio Common Pleas Case No. 10 CV 16363

Represented Gutridge Plumbing, Inc., a plumbing and HVAC contractor, in its action for an injunction preventing the OSFC from releasing confidential business information in response to a public records act request.  Arguing first that the records at issue are protected by the Uniform Trade Secrets Act, and second, that they are not “public records” subject to release, our firm successfully obtained an injunction barring the OSFC from releasing our client’s records.