MEC&F Expert Engineers : Construction Week: Court Upholds Ruling Over Dispute Concerning Sick Hospital

Monday, February 23, 2015

Construction Week: Court Upholds Ruling Over Dispute Concerning Sick Hospital




In mid-January, the Ohio Second Court of Appeals upheld a lower court ruling against NBBJ regarding a dispute between the architect and Miami Valley Hospital and its corporate arm devoted to the health-care sector, Premier Health Partners. 

At issue was financial responsibility for a 2011 outbreak of Legionnaires’ disease at the then-new 12-story Heart Patient Tower. 

One of the 11 patients infected died. 

In her decision, Judge Mary C. Donovan wrote that NBBJ was in breach of contract because the firm failed to procure commercial general liability insurance that protected NBBJ and the hospital from responsibility for “bodily injury caused by a biological agent or bacteria.” 

NBBJ declined to comment.