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DRAKE CONSTR. CO. v. KEMPER HOUSE MENTOR, INC.

No. 2005-L-157.

170 Ohio App.3d 19 (2007)

2007-Ohio-120

DRAKE CONSTRUCTION COMPANY, Appellant, v. KEMPER HOUSE MENTOR, INC., Appellee.

Court of Appeals of Ohio, Eleventh District, Lake County.

Decided January 12, 2007.

Attorney(s) appearing for the Case

Nicola, Gudbranson & Cooper, L.L.C., and Timothy L. McGarry, for appellant.

Powers & Groh-Wargo and Frank J. Groh-Wargo, for appellee.

COLLEEN MARY O'TOOLE, Judge.

{¶ 1} Drake Construction Company appeals from the summary judgment granted Kemper House Mentor, Inc. by the Lake County Court of Common Pleas. We reverse and remand.

{¶ 2} Drake is a general contractor in the construction industry. In July 2000, Drake entered into a contract with Kemper to build an assisted-living facility in Mentor, Ohio. This contract (the "primary contract") was a U.S. Department of Housing and Urban...

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