Lee E. Martin, AIA of Robson Forensic, who is the former State Architect of Ohio, testified on behalf of the TransAmerica (TA) Construction Corporation in this case. His opinion was that the Ohio School Facilities Commission (OSFC) failed to supply TA and other contractors on the project with complete, accurate and readily-understandable construction documents or obtain building and other permits as required by state statute.

Delay and Loss of Productivity Claim – Expert Opinion Supports $1.8 million Ruling

TransAmerica Building Company, Inc. v. Ohio School Facilities
Commission, nka Ohio Facilities Construction Commission
Ohio Court of Claims Case No. 2013-00349

Lee E. Martin, AIA of Robson Forensic, Inc., a former State Architect of Ohio, provided expert reports and testified on behalf of the TransAmerica Building Company (TA) in this case. His report and testimony were critical of the Ohio School Facilities Commission (OSFC), the architect, and the construction manager and their obligations during the budgeting, planning, design, bidding and construction of twelve dormitory buildings at the Ohio State School for the Deaf and the Ohio School for the Blind, located on adjacent campuses in Columbus, Ohio.

After a three week trial, the Referee hearing the case, a former construction attorney, found that “it was the fault of the OSFC in its efforts to build facilities that (the schools) could not afford, and in trusting its agents to carry out the task, who often acted in their own interest and not in the interest of the OSFC or fairly and honestly in their dealings with (TransAmerica).” The referee awarded TA $1.8 million for delay and loss of productivity on the project. Counterclaims by the OSFC against TA were disallowed by the referee. The case is pending further review in the Court of Claims.

Martin was retained in 2013 by TA through its attorneys Kegler, Brown, Hill & Ritter to investigate and testify on matters involving state capital program operations and the contractual responsibilities of the state and its agents relative to the dormitory project where TA acted as the general contractor.

Additional case coverage by the Columbus Dispatch -

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Featured Expert

Lee E. Martin, AIA, CBO, LEED AP

Lee Martin is a licensed architect with over 30 years of private and public-sector experience as a design/build project manager, capital improvement program director, building official, and forensic expert. Lee applies his expertise to forensic investigations involving architecture, construction, professional liability, premises safety, and code-related matters. He has worked on buildings of various kinds, including high-rise office, residential and mixed-use projects, as well as aviation, health care and detention facilities. Lee is licensed as an architect in many states. He is a former International Code Council Certified Building Official, and a USGBC LEED Accredited Professional.