Foster Wheeler Enviresponse, Inc. v. Franklin County Convention Facilities Authority

The broad issue in this case is whether Enviresponse may recover from CFA, or alternatively from Lawhon, for the contaminated material in excess of one hundred forty cubic yards that Enviresponse excavated and transported from the construction site of the Greater Columbus Convention Center. Since the cause comes to the court upon an appeal from summary judgment, our inquiry is circumscribed by the standard set forth in Civ.R. 56(C).

I

CFA’S APPEAL

It is universally recognized that where a building or construction contract, public or private, stipulates that additional, altered, or extra work…