The company hired to renovate the LeBron James Family Foundation College of Education building is suing the University of Akron for breach of contract.
Duer Construction Co. of Akron, is suing UA as well as Mid American Construction, a Cleveland-based subcontractor Duer hired to do the actual construction work, and Fidelity and Deposit Company of Maryland for bond foreclosure. The three entities are being sued for nearly $98,000 each.
The $18 million project, which began in May 2014, was scheduled to be completed by Feb. 20, 2016.
In January, UA fired Mid American Construction LLC of Cleveland, a subcontractor hired by Duer, because of a dispute over construction delays.
According to the lawsuit, Duer Construction furnished the material, services, equipment and machinery to the subcontractor for the project, which cost Duer nearly $98,000. Duer wants Mid American Construction (MAC) to repay that amount plus interest and attorney fees and UA to pay the same amount because of the alleged breach of contract.
At the time of the dispute, MAC president Chad Zumkehr said the work was 85 percent complete and only 10 days behind schedule, which he said was not unreasonable. He also disputed the way the company was terminated. UA officials gave the company a 15-day notice to provide a recovery plan to complete the project. When that was not provided, UA asked the company to remove its equipment and employees from the site by Jan. 8.
Zumkehr said it was a multiple prime contractor project and blamed the University of Akron for scheduling issues because UA held the contracts with all the contractors, not MAC.
The College of Education building is open and in use, but UA had another company finish the work.
Duer Construction also wants to foreclose on the surety bond provided by Fidelity. Duer is suing for the same amount, nearly $98,000.
UA officials declined to comment on pending litigation.
Attorney Joseph Spoonster of Uniontown, one of the attorneys representing Duer, did not return a phone call.
The civil suit was filed in Summit County Common Pleas Court this week. Judge Tom Teodosio has been assigned to the case.
Marilyn Miller can be reached at 330-996-3098 or mmiller@thebeaconjournal.com.