Tony Zumbo & Son Construction Co. v. Ohio Department of Transportation

Defendant, State of Ohio, Department of Transportation, appeals from a judgment of the Court of Claims and raises seven assignments of error as follows:

“1. The court of claims erred, to the prejudice of the appellant, in finding that an unanticipated, subsurface defect in the condition of the underpavement of Wilson-Mills Road constituted a breach of contract by the appellant.

“2. The court of claims erred, to the prejudice of the appellant, in failing to allow the appellant to apply R.C. 5525.14 to project 411-79.

“3. The court of claims erred, to the prejudice of the appellant, by concluding…