June 2001

The Contractors Critic
Danis Building Construction Company

Reporting on Safety, Productivity, and Honesty in the Construction Industry.

Scrutinized, Poor Work and Lawsuits

defective work at Ohio State University -- Danis caught in falsehoods on a job aT Ohio State

For instance, in 1998 and 1999 Danis Building Construction Company had a construction job at the Fisher College of Business at Ohio State University in Columbus. During the course of that contract, the architects who were overseeing the job for Ohio State University had several battles with Danis. These architects from the firm of Kallman, McKinnell & Wood Architect, Inc. clashed with Danis over Danis’ misrepresentation of the type of wood finish used on one portion of this job. They clashed again when Danis misrepresented the status of the college building masonry, Jack Arch repair work. The architects also had to issue several 72-hour correction notices against Danis to force repair of the wood finish, to force Danis to correct a pedestrian walk and a staircase, and to force Danis to correct warped plastic laminate panels in classroom desks.

The university also had problems when Danis misled the university about their ability to meet the project deadline. Another contractor on this job, Gilbane, also complained in writing to the architect firm: "Danis’ response to the letter of May 7, 1998, also affirms that its work in the telecommunication rooms was complete on May 1, 1998. That simply is not true. I continue to receive requests from Danis to open the telecommunication rooms so that Danis ... can complete their work ... after the rooms were cleaned ... deficiencies became visible. Danis has failed to fulfill (its) requirement(s)."

Ohio State also had problems with dust from Danis’ job site and Danis’ inability to meet the completion schedule for Phase I of the Fisher College of Business job. Jill Morelli, an Assistant Vice President and Architect for Ohio State, wrote to Danis on April 10, 1998 and complained: "I am very distressed to learn that the completion schedule for Phase I of the Fisher College of Business has slipped again. Surely the university should have been able to rely on the word ... of ... experienced contractors. As a result of not meeting that schedule, the university will incur additional costs. We cannot tolerate these additional delays."

Ultimately, Ohio State University rated Danis less than satisfactory for their ability to interpret plans and specifications and their timeliness in making decisions relating to the project.

The allegations about Danis failing to meet the contract specifications on the wood finishing job and then lying about it, arose in April 1999, according to the Kallman, McKinnell & Wood, architect firm, correspondence to Danis regarding this matter. Part of that work at the Fisher School of Business included architectural woodwork finish that was supposed to be done to contract specifications. According to their letter, not only did Danis and its millwork subcontractor fail to use the specified wood finish on the woodwork for the dean’s suite, but also according to the job’s architects, Danis and its subcontractor lied about the type of finish that was actually applied.

The university only discovered that Danis and its subcontractor had falsified its answers regarding the finish on the woodwork, by conducting its own special testing of the materials. On April 9, 1999 the firm of Kallman, McKinnell & Wood Architect, Inc. wrote a strongly worded letter to Mark Davis of Danis Building Construction Company. The letter stated: "The contract requires that Danis provided the products and materials specified. (But Danis) presented shop drawings, mockups and wood samples for review and approval without pointing out that what it was presenting was not what was specified. It wasn’t until the design team reviewed the dean’s suite punch list with Danis and its millwork contractor that Ted Bolle revealed (the truth)."

"Yes, we were suspicious when the sheets we received from Danis contained conversion varnish and catalyzed lacquer data sheets. The associate requested a clarification from Danis. There never was a response from Danis."

"Consequently, since Danis refused to share with the associate the information it had about the use of the two finishes, the provision for special testing was invoked. Now that the special testing is complete ... we know that Danis’ statement ... on all the millwork was not true."

"Danis states the difference ... is insignificant. The associate takes strong exception to Danis’ attitude. (Danis’) arbitrary decision making, a practice not allowed by the contract, is not what we expect from a responsible contractor. By contract, the cost of the special testing is Danis’ to pay."

Ohio State University did not consider the difference between the contracted work for the wood finish and what Danis attempted to pass on to the university, to be insignificant. The Kallman, McKinnell & Wood firm ultimately sent Danis angry letters, including a 72-hour notice for correction of work. Their letters stated: "This is to officially notify Danis Building Construction Company that the finishing of the wood paneling located in the dean’s suite is not acceptable and is, therefore, deemed … to be defective work. Danis shall bear all costs of correcting such defective work, including the costs of consequential damages. If Danis fails to correct the work, the state may exercise its right to prosecute work and back charge the contractor."

"In accordance with Article 5.3 of the General Conditions, the Associate is hereby giving written notice to the Danis Building Construction Company to provide, within three working days after receipt of this notice, a plan and schedule for correcting the entire finish on the wood paneling located in the dean’s suite. If Danis fails or refuses to comply with this written notice, the director shall, without prejudice to any other remedy ... employ additional force to correct the deficiency in the contractor’s work. The decision of the director to back charge the contractor shall be final." (Signed) Richard G. Carpenter.

Another problem arose on this Danis job for Ohio State University in November 1998. Phase I of the Fisher College of Business job included repair of a masonry arch. All during the frequent meetings between the architects, Danis told them that a special type of brick was scheduled for delivery as part of completing that job. According to Richard G. Carpenter, AIA, of the Kallman, McKinnell & Wood firm, Danis never informed the architect that the special shapes, which were required for this job, could not be fabricated. According to his November 9, 1998 letter: "At no time did ... Danis inform the (architect firm) associate that the first try solution brick was not being fabricated."

In August 1998, Danis performed construction work on the Oak Hills High School in Cincinnati, Ohio. Danis hired CIC Company of Felicity, Ohio to do part of the work. James Webb, a heavy equipment operator who worked for CIC did not get paid. In order to collect his $4,560 in wages, he was forced to file a lien on public funds with the Oak Hills School District.