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Defendants.
INTRODUCTION
1. The University of Akron has suffered a catastrophic and consistent failure of the
railing systems in its football stadium due to poor design, failed oversight and construction
deficiencies committed by the Defendants, all of which will cost over $1 million to fix. (See
STATEMENT OF FACTS
2. The University of Akron contracted with HNTB Ohio, Inc. (HNTB) to provide
the design and construction administration for the University of Akron’s football stadium.
3. The University of Akron contracted with the Welty Building Company (Welty) to
serve as the construction manager for the building of the University of Akron’s football stadium.
(Parsons Concrete) to provide the concrete work for the stadium, including adequate support for
5. The University of Akron contracted with EPI of Cleveland, Inc. (EPI) to provide
States Surety Company (USSC), referred to collectively as the “Sureties”, issued statutorily
mandated bonds on behalf of their principals, Parsons Concrete and EPI, respectively.
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7. The Defendants are in possession of their contracts and bonds such that they do
8. The University of Akron has suffered catastrophic and consistent failure of the
railings throughout its football stadium. (See exemplar photos attached at Exhibit A.)
construction administration for the University of Akron’s football stadium, which included an
11. As a direct and proximate cause of these breaches, the University of Akron has
incurred damages to the railing system of the football stadium which will cost over $1 million to
repair.
services for the construction of the University of Akron’s football stadium, including oversight
of an adequately supported railing installation in compliance with the plans, specifications and
14. As a direct and proximate cause of these breaches, the University of Akron will
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15. Defendant Parsons had a contractual duty to perform concrete work which
included the placement of sleeves with rebar within which the stadium railings would be placed.
17. As a direct and proximate cause of these breaches, the University of Akron has
18. Defendant EPI had a contractual duty which included installing the appropriate
20. As a direct and proximate cause of these breaches, the University of Akron has
incurred damages to the railing system in their football stadium which will cost over $1 million
to repair.
21. Defendants, Farmers and USSC had statutory and contractual duties, through the
bonds they issued, to ensure the contractual performance of their principals, Parsons Concrete
23. As a direct and proximate cause of those breaches, the University of Akron has
incurred damages to the railing system in their stadium and has been left on its own to spend and
defendants in this case, jointly and severally, for damages in excess of this court’s jurisdictional
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minimum of $25,000.00 as well as interest, costs, and any other relief which the University is
JURY DEMAND
Respectfully submitted,
DAVE YOST
Attorney General of Ohio
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EXHIBIT
A
Sandra Kurt, Summit County Clerk of Courts
CV-2019-04-1389 BREAUX, ALISON 04/10/2019 15:56:35 PM CMCO Page 7 of 12