Trial date set in barn disputePublished 9:03am Wednesday, February 6, 2013
ROME TOWNSHIP — A date has been set in the civil trial between the Lawrence County Agricultural Society and Jeff Simmons, of Structure Steel Buildings, over the building of the fair barn.
The lawsuits are scheduled to be decided in Lawrence County Common Pleas Court May 28.
In February of 2012 the fair board hired Simmons to build a $400,000 livestock barn for the summertime 4-H Junior Fair. In May the fair board terminated Simmons’ contract alleging he had not completed the work that he was paid $198,000 for and that the project was behind schedule.
After Simmons’ termination the fair board hired another contractor to finish the barn to be ready by the July fair pushing the completed cost for the barn to approximately $700,000.
In June the first lawsuit was filed in the case when Simmons sued the fair board for breach of contract claiming he had met the obligations of his contract and that the fair board wrongfully terminated him from the project.
Simmons’ argument was that he had completed all of the project that he could until the fair board secured the necessary permits and that he was owed all of the money he had received.
In August the fair board countersued seeking $525,000 in damages — $25,000 in compensatory damages and $500,000 in punitive damages.
Before the case comes to trial, Lawrence County Magistrate D.L. McWhorter will hear a motion of the fair board to consolidate the two lawsuits into a single trial. That hearing is set for 1:30 p.m. Feb. 13.