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Union Local School Dist. Bd. of Edn. v. Grae-Con Constr., Inc.

Ohio Ct. App.November 18, 2019No. 17 BE 0043Cited 5 times
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Case Details

Judge(s)
Robb
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The court affirmed summary judgment in favor of the defendants (general contractor and architectural firm), finding the school district's breach of contract claims were barred by the ten-year construction statute of repose under Ohio law.

Excerpt

ten-year construction statute of repose in R.C. 2305.131 applies to contract and tort claims pursuant to Supreme Court's New Riegel case statute does not violate to right-to-remedy clause school district made new argument in supplemental brief that a claim accruing within the statute of repose's ten-year period is not subject to the statute, but this argument was not specified to the trial court alternatively, the New Riegel concurrence is persuasive on this issue.

What This Ruling Means

**School District Loses Construction Contract Case Due to Time Limit** This case involved a dispute between Union Local School District and Grae-Con Construction over alleged problems with a construction project. The school district claimed the construction company breached their contract, likely related to defects or issues with building work that was completed years earlier. The court ruled in favor of Grae-Con Construction and dismissed the school district's lawsuit. The key issue was timing - Ohio has a law called the "statute of repose" that gives people only ten years to file lawsuits related to construction projects, regardless of when they discover problems. Since more than ten years had passed since the construction was completed, the court found it was too late for the school district to sue, even if there were legitimate contract violations. **What This Means for Workers:** While this case involved a school district rather than individual workers, it highlights an important principle that affects all employment and contract disputes: there are strict time limits for filing lawsuits. Workers who believe their employer has violated their contract or caused them harm should act quickly to protect their rights, as waiting too long can permanently bar their claims, regardless of the merit of their case.

This summary was generated to explain the ruling in plain English and is not legal advice.

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