In a unanimous decision today the Ohio Supreme Court dismissed the lawsuit brought by the Surety and Fidelity Association of America and the American Subcontractors Association, against the Ohio State University, holding that the non-bid “Pilot Project” of $1 billion authorized by the prior General Assembly did not require a performance bond.

             The Court found that, while House Bill 318 authorizing the non-competitive award of the project did include an express requirement of a bond for bid work, the language did not apply to non-bid work. 

             The Court further dismissed the Subcontractors for lack of standing, finding that no subcontractor actually suffered any damages from lack of payment and therefore could not complain.

             This is a final decision from which no appeal can be taken.