Architects’ lawsuit vs. Beaver dismissed
LISBON – A lawsuit filed against Beaver Local schools, the Ohio Schools Facility Commission and Olsavsky Jaminet Architects Inc. was dismissed late last week by county Common Pleas Court Judge Scott Washam.
Team 8E Architecture LLC was claiming when the school advertised for an architect or engineering firm to submit qualifications by May 18, 2012, theirs was among the top-ranked firms. However, Team 8E had argued Olsavsky unfairly had key individuals as part of its qualifications, team members who were not actually going to be working on the project.
Still, Olsavsky was awarded the contract on June 29, 2012 and began designing the Ohio Schools Facility Commission assisted project.
The lawsuit had sought for the court to either step in and force the school district to hire Team 8E, require the board to void the contract and seek qualifications again or pay Team 8E more than $250,000 in damages.
In his decision, Washam pointed out Team 8E failed to file the lawsuit or attempt to stop the project through court action in a timely manner. The construction on the project has already begun and a substantial amount of money already paid to some of the parties involved.
According to court documents, Olsavsky continued with design work, has substantially completed the project and been paid more than $1 million. The construction manager has been paid more than $100,000 for the pre-construction stage-work, has billed more than $3 million for the completed work on early site preparation and has entered into numerous third-party contracts in connection with the project.
Washam also noted in his decision that while BSHM Architects were a joint venture party with Team 8E Architects in the proposal, the other company is not listed as another party in the lawsuit.
Additionally, Team 8E failed to show any pattern, where the practice they described has happened before, nor any proof it would stop Team 8E from bidding on projects in the future.
For now, Beaver Local Superintendent Kent Polen declined to comment on the lawsuit. Another similar lawsuit remains pending in Mahoning County Common Pleas Court.
That lawsuit claims Team 8E provided the architectural renderings which helped the school district pass the school bond issue to build the new facility, but did not compensate Team 8E for its work.