Hamilton Parker

Hamilton Parker, a Columbus-based residential and commercial building materials supplier, filed a lawsuit against the city of Delaware for a temporary restraining order and a permanent injunction barring the re-bidding of bricks to complete a streetscape project. The suit also included a court order instructing the city to buy the bricks that the company had obtained for the project.

Jim Havens represented Hamilton Parker in a $27,320 settlement that included the purchase of the bricks, plus unspecified damages.

The suit arose from the city's sudden change of course on the brick purchase. After various parties, including the Historic Preservation Commission, recommended baked-clay bricks to adorn the new sidewalks for the downtown, Hamilton Parker returned the low bid of $27,320 for about 77,000 bricks. Havens said city officials directed Hamilton Parker to order the bricks, which were to be custom-made, because of the "tight time frame" required to complete the project.

Representatives of the company claimed that when they were verbally assured by city officials that the city would follow through with the purchase, they ordered the bricks. The city later said the purchase contract was not effective because the Acting City Manager hadn't signed it.

In the suit, Havens alleged that the city had made "an obvious attempt to break an agreement," contending that the city allowed the specs to be rewritten to allow for use of concrete pavers in response to a request by Oberfield's, a local concrete product manufacturer. "They are showing favoritism," Havens said. "This is politics at its absolute worst."

"If funds are committed for a contract and it is in effect, they can't spend the money twice. They have not revoked the contract with us," Havens said. He said both Delaware common pleas judges excused themselves from the case and the Ohio Supreme Court will assign a visiting judge to hear it.

The suit was resolved when a settlement was reached with the city's acceptance of the bricks from Hamilton Parker.