Architect pays $1.6 million to settle lawsuit over Dayton school flaws

Source: https://www.daytondailynews.com, April 17, 2018
By: Jeremy P. Kelley

Dayton’s school board on Tuesday approved a $1.6 million settlement agreement in favor of the school district and the state, addressing longstanding design problems at Wogaman and Louise Troy schools.

DNK Architects, Inc. will pay $1 million to the school board and the Ohio Facilities Construction Commission for the Wogaman project and $595,000 for the Louise Troy project, according to the agreement.

DNK was hired to serve as architect and engineer of record for construction of Wogaman in 2002 and Louise Troy in 2005. The schools sit a mile apart in West Dayton, both south of Germantown Street.

By 2013, Dayton Public Schools was seeking contractors to fix roofing and “building envelope” problems at Wogaman, and they ended up completely replacing the roof. The school district sued several contractors over the projects in 2015.

Two other contractors last year agreed to pay $900,000 to settle roof-specific claims. The lawsuit allegations against DNK said that the company’s design documents for Wogaman and Louise Troy contained a combined 2,314 “design errors and omissions” resulting in 319 change orders. In common final settlement language, neither side admitted fault.

The settlement does not specify how Dayton Public Schools and the OFCC will split the settlement proceeds, but a previous settlement was divided 39 percent for DPS and 61 percent for the state, to match each agency’s investment in the project. That breakdown would give DPS just over $600,000 in this case.

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