Atsalis Brothers Painting, Inc. v. Ohio Department of Transportation, Case No. 2017-00078

The Ohio Department of Transportation will pay a Michigan contractor $800,000 to settle a dispute over delays and cost overruns related to the painting of the Craig Street Memorial Bridge in Toledo. The Ohio Court of Claims approved the settlement on April 3.

According to a Jan. 23 complaint, Atsalis Brothers Painting Inc. alleged that despite contract provisions otherwise allowing for the closure of the bridge and Maumee River to traffic, ODOT “insisted” that “Atsalis perform its work within the contractual time period ‘while maintaining both vehicular and river traffic.’”

That left one alternative: painting the draw-span portions of the bridge during the winter months when icy conditions prevented river traffic. That restriction, Atsalis claimed, increased its cost and took longer.

“ODOT breached its contract with Atsalis by not granting Atsalis the vehicular and river closures that were required to permit Atsalis to perform its work within the period prescribed in the Contact,” the complaint states.

Atsalis originally requested $2 million in damages.

The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

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