Poland company sues over demo contract
3 Trumbull entities named defendants
WARREN — Moderalli Excavating Inc., a Poland-based company, has filed a lawsuit against three Trumbull County entities, alleging unfair practices in the awarding of a demolition contract for a Warren property, according to court documents.
The complaint, filed in Trumbull County Common Pleas Court, names the Trumbull County Land Reutilization Corporation, Trumbull County Land Bank and Trumbull Neighborhood Partnership as defendants. Moderalli seeks preliminary and permanent injunctions to stop the demolition of the abandoned Reeves building at 295 W. Market St. in Warren.
The lawsuit claims Moderalli submitted a bid of $387,000 on April 29 for the demolition project, funded by a $6.2 million grant from the Ohio Department of Development and American Rescue Plan funds. Moderalli asserts it was the lowest bidder by $135,000, yet the contract was awarded to Pro Quality for $522,000 on May 14.
Moderalli alleges the defendants violated Ohio Revised Code, which mandates contracts be awarded to the lowest responsive bidder, and failed to adhere to federal procurement guidelines tied to the grant funds. The company claims the defendants’ evaluation committee did not contact Moderalli’s references, undermining a fair bidding process, and awarded the contract to a “less qualified, less responsible, higher bidder.”
Patrick C. Fire, Moderalli’s attorney, stated, “Our client has a proven track record of successfully completing demolition projects across the region. The decision to overlook Moderalli’s bid, which was significantly lower and met all qualifications, raises serious questions about the transparency and integrity of the bidding process. We’re seeking to ensure public funds are used responsibly and that fair competition is upheld.”
Moderalli argues it will suffer “irreparable harm” if the demolition proceeds as awarded and claims the process resulted in “wasteful spending of public monies.” The company requests the court halt the project, order a reevaluation of bids, and award attorney fees and compensatory damages.
The Trumbull County entities named in the lawsuit have not yet responded in court filings. A spokesperson for the Trumbull Neighborhood Partnership deferred comments to their attorney, who could not be reached.
The case is pending before Judge Sean O’Brien, with no hearing date set for the injunction request as of Friday.