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Mechanical Systems Of Dayton, Inc., Issue No. 1

October 2001

The Contractors Critic
Mechanical Systems of Dayton, Inc.

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

A String Of Lawsuits Against Customers

Litigation makes a mess when public works job springs leak

A company with a history of filing mechanics liens and suing customers over their business practices has found itself on the other end of the stick.

A bitter dispute over the improper installation of pipes by Mechanical Systems of Dayton, Ohio has resulted in a lawsuit charging Mechanical Systems of Dayton with engaging in the same type of unscrupulous business activities that the company often accuses its customers of doing.

Mechanical Systems is quick to file a mechanics lien or sue a customer when it feels it does not get paid fast enough. But Mechanical Systems of Dayton is not always quick to pay its own bills, according to the findings of a company hired to figure out what went wrong when Mechanical Systems of Dayton installed three air intake valves on a heating and air conditioning system on a public works project in the City of Keetering.

Mechanical Systems of Dayton found itself back in court earlier this year when Advanced Sewer Technology, Inc. claimed that Mechanical Systems not only failed to correctly install 10-inch and 16-inch air intake pipes, but failed to pay Advanced Sewer Technology, Inc. for trying to fix Mechanical System’s mistakes.

The air intake pipes were part of the Fraze Pavilion improvement project for the City of Kettering. Unfortunately for the city, three of the pipes leaked, allowing water to fill the air intake system.

The city called Mechanical Systems of Dayton. They called in a company to conduct an investigation. That’s when things went from bad to worse.

Advanced Sewer Technology on two occasions conducted video inspections of the pipe, finding three leaks. The company pressure grouted the exterior of the pipes and installed internal liners.

When the pipes continued to accumulate water, Advanced Sewer Technology spent 56 additional hours inspecting the pipes using closed circuit TV and was unable to find any leaks in the repairs that it had performed.

Advanced Sewer Technology offered to pay $1,000 toward a third-party independent inspection of the pipes in order to prove that improper installation of the pipe system by Mechanical Systems of Dayton was the problem, and not more leaks.

According to legal documents, Mechanical Systems "did not respond to Advanced’s offer for a third-party inspection. Furthermore (the company) has failed to identify any of Advanced’s work as being defective." In fact, the legal documents state, Mechanical Systems of Dayton, Ohio, "failed to correctly install the PVC pipes which resulted in the pipes filling up with water."

Not only did Mechanical Systems have another unhappy customer, it had a lawsuit on its hands.

Mechanical Systems of Dayton refused to pay Advanced Sewer Technology for the work that had been performed, leading to yet another lawsuit involving Mechanical Systems.

Lawsuits against companies Mechanical Systems performs work for and lawsuits by companies who perform work for Mechanical Systems. This is a company that clearly needs to work on its customer relations program.

IS MECHANICAL LAWSUIT HAPPY, EVEN WHEN THEY DON’T FINISH the JOB?

In recent years, Mechanical Systems of Dayton has repeatedly authorized attorneys to file lawsuits and mechanics liens against its customers, including the federal government. In two of the cases, Mechanical Systems of Dayton’s own legal documents acknowledge that the company was seeking payment even though it had never completed the job it was hired to do.

Companies who have to rely on the courts to collect their accounts are companies who place no emphasis on customer satisfaction.

As of publication, Dayton has not made any suggestions or refuted any of the information in this publication.

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