Thomas and Marker Construction v. Big Box Retailer

Worked on motion for summary judgment in a matter where plaintiff claimed damages for work on purported “unforeseen” site conditions where subsurface rock was encountered during excavation. Was successful in convincing court that Spearin doctrine, which permits an action for implied warranty of accuracy of plans, was not applicable in Ohio to non-government construction projects and this claim, along with claims for promissory/equitable estoppel, unjust enrichment, fraud in the inducement, and breach of implied duty of good faith and fair dealing should be dismissed.