Justia Ohio Supreme Court Opinion Summaries

Appellants, homeowners, filed suit against Centex Homes, alleging various causes of action, including breach of contract, breach of express and implied warranty, and failure to perform in a workmanlike manner. Centex Homes moved for summary judgment, arguing that Appellants had waived all warranties except the specific limited warranty that Centex Homes provided in the sales agreements. The court of appeals affirmed. The Supreme Court reversed the court of appeals and remanded for a trial on Appellants' tort claims that Centex Homes breached its duty to construct their homes in a workmanlike manner using ordinary care, as (1) in Ohio a duty to construct houses in a workmanlike manner using ordinary care is imposed by law on all home builders; and (2) a home buyer cannot waive his right to enforce the home builder's duty to construct the house in a workmanlike manner. Remanded. View "Jones v. Centex Homes" on Justia Law

Ohio State University entered into an agreement for construction-management services with Turner Construction Company for a construction project. Later, Ohio State selected Turner to serve as construction manager at risk through a qualifications-based selection process rather than going through a traditional competitive bidding process. Ohio State did not require Turner to furnish a surety bond to secure the performance of Turner and its subcontractors. Three trade associations, two that advance the interests of subcontractors (ASA and ASA-Ohio) and one that advances the interests of sureties (SFAA), filed an action for a writ of mandamus to compel Ohio State to require that Turner furnish a bond as construction manager at risk. The Supreme Court dismissed the claims of ASA and ASA-Ohio and denied SFAA's mandamus claim, holding that (1) because ASA and ASA-Ohio did not establish that any of their members had been injured by Ohio State's decision, they lacked standing to raise their mandamus claim; and (2) because the applicable legislation does not require a bonding requirement, SFAA was not entitled to the requested relief in mandamus.