Columbus Building & Construction Trades Council v. Moyer

163 Ohio St. (N.S.) 189
CourtOhio Supreme Court
DecidedApril 20, 1955
DocketNo. 34038
StatusPublished

This text of 163 Ohio St. (N.S.) 189 (Columbus Building & Construction Trades Council v. Moyer) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbus Building & Construction Trades Council v. Moyer, 163 Ohio St. (N.S.) 189 (Ohio 1955).

Opinion

Matthias, J.

The single issue presented herein is whether, under existing statutory law of the state of Ohio, public officers of the state charged with the duty of preparing plans and specifications or awarding bids for the erection, alteration or repair of buildings of the state, by the state, shall advertise for separate bids for work providing for the installation of (1) plumbing, (2) heating and ventilating and (3) electrical equipment and award contracts on the basis of such separate bids where such work would exceed in cost the sum of one thousand dollars.

The issue thus stated was so confined by the trial court in the rulings on the motions for judgment on the pleadings and the judgment, and was likewise so confined by the Court of Appeals.

The plaintiffs in their amended petition pray for the court to declare and construe the sections of the General Code enumerated therein, to the effect that defendants “are permitted the discretion to prepare specifications for, advertise for, and award contracts for work falling within their jurisdiction and control upon either a combination bid or separate bid basis as they deem to be in the public interest.'”

The motion for judgment on the pleadings by plaintiffs in which they assert that they are “entitled by law to judgment in their favor in accordance with the prayer of said amended petition” was overruled by the trial judge.

The defendants in their joint answer pray “that this court declare that, under the existing provisions of the statutes of Ohio, and particularly under the provisions of Sections 2314-1 and 2314-2, ‘combination bids’ for the installation of (a) heating and ventilating, (b) plumbing, and (c) electrical are not authorized.”

A motion for judgment on the pleadings by defendants in which they “move the court for judgment in their favor on the pleadings filed herein for the [196]*196reason that, on the statements in such pleadings, the defendants are entitled by law to judgment in their favor” was sustained by the trial court, and judgment was accordingly rendered for the defendants.

The trial court in passing on the motions for judgment on the pleadings necessarily considered the prayers of the respective pleadings, and, since that of plaintiffs would have required a finding of complete discretion in the public officers, properly overruled such motion when the court determined that Sections 2314-1 and 2314-2 required separate bidding for plumbing, heating and ventilating and electrical work, and, in sustaining the motion of defendants, the court necessarily confined its decision to the relief prayed for in their joint answer.

In order to determine the issue it is necessary that the court first consider the act passed by the 90th General Assembly in 1933 (115 Ohio Laws, 406, House Bill No. 162), reading as follows:

“AN ACT

“To amend Section 2364 and to enact supplemental Sections 2314-1 and 2314-2 of the General Code, to provide for separate bidding on mechanical equipment on contracts for the erection or alteration of state buildings.

“Be it enacted by the General Assembly of the State of Ohio:

“Section 1. That Section 2364 of the General Code be amended and that supplemental Sections 2314-1 and 2314-2 be enacted to read as follows:

“Section 2364. The contract for doing the work belonging to each separate trade or kind of mechanical labor, employment or business or for the furnishing of materials therefor, or both, shall be awarded by such officer, board or other authority in its discretion, to the lowest and best separate bidder therefor, and shall [197]*197be made directly with Mm or them in the manner and upon the terms, conditions and limitations as to giving bond with security and otherwise as prescribed by law, unless it is let as a whole, or to bidders for more than one kind of work or materials. The provisions of this and the preceding two sections shall not apply to the erection of buildings and other structures of a less cost than ten thousand dollars, except as provided in Sections 2314-1 and 2314-2 of the General Code.

“Section 2314-1. Every department or board, bureau, commission, body or person charged with the duty of preparing plans, specifications, and blueprints for the erection, alteration or repair of any building in the state of Ohio, by the state of OMo, and every officer or person designated by such department, or board, or bureau, or commission, or body to act for it and in its stead, and charged with the duty of preparing such plans, specifications and blueprints, which shall provide for the Mstallation of plumbing and gas fitting and all work Mndred thereto, or of the steam and hot-water heating, ventilating apparatus, steam-power plant and all work Mndred thereto, or the electrical equipment and all work Mndred thereto, shall, when the entire cost of the erection, alteration or repair of the plumbing and gas fitting and all work Mndred thereto, or the steam and hot-water heating, ventilating apparatus, steam-power plant and all work Mndred thereto, or the electrical equipment and all work Mndred thereto, is to exceed the sum of one thousand dollars, hereafter prepare separate plans, specifications and blueprints for each of the following branches or classes of the work to be performed.

“First, plumbing and gas fitting, and all work kindred thereto;

“Second, steam and hot-water heating, ventilating apparatus, steam-power plant and all work kindred thereto; and

[198]*198“Third, electrical equipment, and all work kindred thereto.

“Such plans, specifications and blueprints must be so prepared and drawn as to permit separate and independent proposals and bids upon each of the branches or classes of work in the three above subdivisions.

“Section 2314-2. Every department, or board, or bureau, or commission, or body, or person charged with the duty of awarding or entering into contracts for the erection, alteration or repair of any building in the state of Ohio, by the state of Ohio, and every officer or pers'on designated by such department, or board, or bureau, or commission, or body to act for it and in its stead, and charged with the duty and duly empowered to award and enter into such contracts, which shall provide for the installation of plumbing and gas fitting and all work kindred thereto, or the steam and hot-water heating, ventilating apparatus, steam-power plant and all work kindred thereto, or the electrical equipment and all work kindred thereto, shall, when the entire cost of the erection, alteration, or repair of the plumbing and gas fitting and all work kindred thereto, or the steam and hot-water heating, ventilating apparatus, steam-power plant, and all work kindred thereto, or the electrical equipment and all work kindred thereto, is to exceed the sum of one thousand dollars, hereafter award the respective work specified in the subdivisions mentioned in Section 2314-1 of the General Code separately to responsible and reliable individuals, firms or corporations.

“Section 2. That existing Section 2364 of the General Code be, and the same is hereby repealed.”

We are thus restricted to a determination of the effect of new Sections 2314-1 and 2314-2 on the proposals, bidding and awarding of contracts on (a) heating and ventilating, (b) plumbing and (c) electrical [199]

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Cite This Page — Counsel Stack

Bluebook (online)
163 Ohio St. (N.S.) 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-building-construction-trades-council-v-moyer-ohio-1955.