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Avoid Unclear Agreements To Perform Extra Work

Wednesday, March 04, 2009 05:12 pm

Avoid Unclear Agreements To Perform Extra Work Scope of Work S.E. Johnson Cos., Inc. v. Chas F. Mann Painting Co. Court of Appeals of Ohio, Sixth Appellate District, Ottawa County 2008 Ohio 6395, 2008 Ohio App.Lexis 5333(Dec.5, 2008)

Clarify in writing whether any additional work is truly "additional"and whether the existing contract covers the work.Otherwise, you could end up fighting about it in court for four years.

The Ohio Department of Transportation (ODOT) awarded a contract to S.E.Johnson Cos., Inc. and The Shelly Company (together, SEJ)for improvements to a bridge in Ottawa County.The bid price was $1,823,276.70.In April 2002, SEJ subcontracted with Chas F.Mann Painting Co. (Mann)to clean, paint and seal portions of the bridge for $94,074.This work included field painting, span repairs/centerlock, railing system, sidewalk plate system, trunnion support towers and sealing of concrete surfaces.SEJ incorporated the terms of its primary contract with ODOT into the subcontract.

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