The contractor in charge of the Second Street portion of the Fort Washington Way project filed a $36 million lawsuit against Cincinnati on Friday.

        The suit, filed in Hamilton County Common Pleas Court by Maumee-based S.E. Johnson, says that it was the city's fault that Second Street was finished nearly six months past deadline.

        It also says that in addition to unfairly holding $1.5 million in penalties for missing the Aug. 15, 2000 deadline, the city is liable for more damages, since S.E. Johnson had more expenses as well as damage to its reputation.

        “We presented a claim (for $25 million) in December, and we have had no settlement offers and have not heard anything,” said S.E. Johnson's general counsel Jack Zouhary. “Frankly, we're dissatisfied with the progress and that's why we're taking this step.”

        S.E. Johnson held two contracts worth nearly $58 million as part of the $314 million renovation of Fort Washington Way. The company has been paid $56.5 million so far.

        The suit says that other contractors didn't complete their work on time, thereby delaying other projects.

        City transportation director John Deatrick would not comment on the suit, saying he had not had a chance to review it.

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