NEW CUMBERLAND-Oak Glen Middle School’s persistently leaking roof is the subject of a multi-party lawsuit filed Monday by the Hancock County school board.

The lawsuit accuses six defendants of negligence and breach of contract in connection with the metal roof that was installed on OGMS when the school was built in 2004.

“The roof … is in disrepair, portions of the metal roof are rusting, portions of the underlayment of the roof are being damaged, and the roof is leaking and causing damage to the interior of the school,” the lawsuit said.

The school board has been discussing the predicament with the roof for months and hinted in January that it was considering legal action. Board attorney David F. Cross filed the 35-page complaint in Hancock County Circuit Court, asking for a jury trial and damages in excess of $800,000.

The suit names the following defendants:

* James F. Baller Sr., of Wheeling;

* Romig Roofing Co., of St. Clairsville, Ohio;

* Colaianni Construction Inc., of Dillonvale, Ohio;

* Ohio Farmers Insurance Co. (Westfield Insurance);

* McKinley & Associates, of Wheeling; and

* ASC Profiles LLC, of West Sacramento, Calif.

Problems with the roof were detected as far back as 2004 but were never adequately addressed, despite promises from the contractors, the lawsuit said.

“The roof … was not properly installed and as a direct and proximate result of the improper installation of the roof, the roof began to leak,” the suit said.

Although the complaint primarily blames Colaianni, the general contractor, and Romig, the roofing subcontractor, for the allegedly poor workmanship, it also accuses ASC Profiles, the roofing manufacturer, of negligence in the production of the metal roofing panels.

The California company failed to train the subcontractor employees in the proper installation of the roof or to do periodic inspections while the roof was being installed, the suit said.

“(ASC) failed to produce continuous panel-length rolling which would have run the distance of the roof without disturbance (and) was negligent in failing to use welded weather-type curbs at the flashings and at all curb penetrations,” the suit said.

Company officials could not be reached for comment, but a woman answering the phone at Colaianni said the company disputes the allegations and will fight the lawsuit.

Construction of the $6.8 million middle school began in June 2003 and was substantially completed by the time the new school year started on Aug. 24, 2004. The gymnasium and roof were completed in January 2005.

Although final payment was made to Colaianni in December 2005, the school board said the contractor’s assurances that the work was completed “were a misrepresentation of a material fact” and “were made with advanced knowledge that the roof had not been properly installed.”

The suit makes civil conspiracy charges against Colaianni and Romig, alleging that they “shared a common plan … to conceal from the plaintiff the defects in the roof.”

Roof leaks were detected during walk-throughs in July 2004, October 2005 and March 2006, the lawsuit said. Representatives of Colaianni made repairs after the latter, which involved the school’s recording studio, but only “a pretend performance to repair the roof” on the other two occasions, the suit said.

The suit then skips ahead to 2014, when the board asked ASC Profiles to inspect the roof pursuant to a manufacturer’s warranty. The inspection in May 2014 led to a second inspection in July 2015, when Mansuetto Roofing removed panels so that they could be examined by ASC Profiles, the suit said.

ASC informed the school board by letter that the problems with the roof were not with the materials but with the installation. A third inspection, conducted by Kalkreuth Roofing, confirmed that finding and estimated the cost of repairs to be in excess of $800,000, the suit said.

In March, the board offered to settle the claims for $300,000, but the offer was declined by Colaianni and Ohio Farmers Insurance, the bonding company. Ohio Farmers Insurance had issued a performance bond in the amount of $6.8 million in May 2003, insuring the proper completion of the middle school.

The lawsuit makes the following claims against the defendants:

* James F. Baller Sr.: Breach of contract, negligence, breach of fiduciary duty. Baller was hired as the clerk of the works and, as such, was the board’s representative on the project.

* Romig Roofing: Breach of contract, unjust enrichment, fraudulent concealment, negligent misrepresentation, conspiracy to commit negligent misrepresentation, negligence.

* Colaianni Construction: Breach of contract, unjust enrichment, fraud, fraudulent concealment, negligent misrepresentation, conspiracy to commit negligent misrepresentation.

* Ohio Farmers Insurance Co.: Breach of contract, breach of implied covenant of fair dealing, violation of West Virginia Unfair Claims Practices Act.

* McKinley & Associates: Breach of contract, negligence. McKinley was the architect on the project.

* ASC Profiles: Negligence.

In the cases of Romig and Colaianni, the board also filed a claim for specific performance-a court order directing the defendants to “properly construct and install a roof in a good and workmanlike fashion.”

The board also filed two petitions for declaratory relief for coverage under the performance bond and under the general commercial liability insurance policy issued to Colaianni through Westfield Insurance.