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Safeair Contrs., Inc. v. Alabasi Constr., Inc.

Ohio Ct. App.September 29, 2017No. 2016-L-005

Case Details

Judge(s)
Rice
Status
Published
Procedural Posture
summary judgment reversed on appeal

Related Laws

No specific laws identified for this ruling.

Outcome

Court reversed summary judgment for county, finding that a change order addressing prevailing wage rate discrepancy was ambiguous regarding retroactivity, thus precluding summary judgment and requiring further proceedings.

Excerpt

CONTRACTS - public contracts, prevailing wage rates although federal prevailing wage rate was the proper rate, county's architect specified the wrong (state prevailing wage) rate when preparing the contract documents change order was issued to correct the contract documents to make them comply with Davis-Bacon Act change order was ambiguous on issue of its retroactivity, thus precluding summary judgment in favor of county.

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