Court of Claims Approves $1.5 Million ODOT Settlement Agreement
By Bret Crow
July 18, 2012 

The Court of Claims of Ohio approved a $1.5 million settlement agreement between the Ohio Department of Transportation and Kokosing Construction Co., Inc. on July 12 for extra work performed and extra costs incurred on a road construction project. 

The agreement settles a nine-count complaint Kokosing filed in the Court of Claims on March 14, 2008 related to the Interstate 70/I-75 Interchange Rehabilitation Project north of Dayton. 

After awarding the construction bid to Kokosing, the company and its subcontractor “began encountering problems relating to the inaccuracies in the site condition report and defects in the tieback design” prepared by ODOT which bidders relied upon to prepare their bids, according to the complaint. 

Kokosing alleged that in order to address the design deficiencies longer tieback anchors had to be installed which deviated from the original plan. In addition, Kokosing had “to expend necessary additional labor, material and equipment beyond what was reasonably anticipated in its bid.” 

Before filing its complaint with the Court of Claims, Kokosing submitted a claim through the three-step administrative process created by ODOT. A three-member dispute resolution board panel recommended that Kokosing receive an equitable adjustment to the contract of $720,009.40. ODOT denied Kokosing’s request. 

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