Danis hires an inadequate Subcontractor Danis Building Construction Company V Landis Marble

In 1999, Danis Building Construction Company agreed to serve as the general contractor of the Columbus Hilton at Easton in Franklin County, Ohio. Danis Building Construction Company then subcontracted with Landis Marble to supply the stone materials that would be needed for construction of the Hilton.

According to Danis, Landis agreed to supply the materials for $490,391, and the delivery date was set for January 2000, well ahead of the Hilton opening date on July 1, 2000. Danis’ subcontractor failed to deliver marble on schedule, failed to submit marble samples as required and delivered defective and damaged products. Danis finally sued Landis for over $424,000 in damages.

In 1998, Danis Building Construction Company was the general contractor for the construction job at the Bank One Corporate Office in Westerville, Ohio. Danis hired several subcontractors to perform elements of this construction job. On August 10, 1998 Danis and its subcontractors negligently created a highly dangerous condition. They left a four-foot by four-foot hole in the floor of the Bank One Headquarters offices.

Sharon Quick was a Bank One employee and while working she fell into that hole suffering severe injuries. She was disabled, lost time from work and incurred medical bills. In turn, she sued Danis and the subcontractors, charging that Danis and the others were negligent. She sought a judgment in excess of $25,000.

This federal case began when Danis Industries, Firestone, General Motors and NCR signed an administrative order with the United States and the State of Ohio. The companies agreed to investigate and clean up the polluted soils and groundwater at a toxic waste site known as the Cardington Road Landfill. The investigation alone, before the clean up, was estimated to cost over $2 million.

Danis is a party to this suit, because the landfill operator was a completely owned subsidiary of Danis Industries Corporation.

In response, the University’s Associate Vice President for Facilities Willard J. Haley wrote on July 19, 2000, "...since allegations have been made, we feel it necessary to be somewhat more vigilant on this project.  Miami will increase the frequency of its site visits by our project managers. Additionally, the Environmental Health and Safety Office will be assigned additional responsibilities."

The job was scarcely underway before Ruetschle Architects, who also worked for Miami University on this job, spotted potential problems. The existing building walls that were to remain, showed up with damaged marble. The architects complained in writing to Danis that "...the existing conditions should have been noted by all bidders."

W. Hollis Weaver the Project Architect wrote further, "I do not recall seeing this (damage to the marble) during the pre-bid walk through, and it seems this should have been obvious from the face before the protective plywood was installed."

Miami University’s own field observation reports of the damage to the walls on construction job, noted: "Some marble may have to be removed to make repairs."