OKMULGEE – A lawsuit between the Muscogee (Creek) Nation and Ross Group Construction Corporation, a construction firm out of Tulsa, may soon be settled in MCN District Court through mediation which began on Dec. 4. The lawsuit relates to the construction of the Eufaula Indian Health Center, which is operated by the Muscogee (Creek) Nation Department of Health.
The bill that approved the move to mediation was sponsored by Representative Dode Barnett and was initially passed by a joint BFJ/HEW committee on Nov. 12 by a unanimous 6-0 vote.
Adopted by the Muscogee (Creek) Nation’s National Council during the Regular Session on Nov. 15, the resolution, TR 25-117, allows the Principal Chief, or someone he appoints, to begin the process of settling the case between the MCN and Ross Group, referred to in court documents as “Ross Group Design-Build, LLC,” on behalf of MCN’s Department of Health.
Other defendants listed in court records include ONE Architecture, LLC, Environmental Specialists, LLC, HP Engineering, LLC, Bernhard TME, LLC, Valent Air Management Systems, Trane U.S. Inc., FRE Mechanical, LLC, Dry Coolers, Inc., Action, Inc., and Empirical Energy Solutions, LLC.
According to the first amended petition submitted by the Muscogee (Creek) Nation on Mar. 23, 2021, Ross Group and other entities enlisted the assistance of subcontractors or consultants for the building of the heating, ventilation, and air conditioning (HVAC) system at the health center, and assumed responsibility for those subcontractors and consultants. However, the complaint alleges this HVAC system was defective.
According to the filing defects included, but were not limited to: failure to provide a fully-functional and complete mechanical system, defective AC and heating/cooling system designs, failure to abide by industry-standard procedures in terms of proper oversight, failure to provide methods to monitor and fix issues with the systems (i.e. building automation systems or maintenance access areas), and failure to properly install hardware & software for the building’s cooling systems.
The complaint also alleged that the design and construction of the clinic’s Procedure Room were also defective, with HVAC failures and improper ventilation being two key issues.
This lawsuit with the Nation is not the first time that Ross Group Construction has found itself on the receiving end of a lawsuit. As covered by The Frontier in June of 2020, the construction company settled a lawsuit, which alleged that the company used a series of shell companies to illegally obtain work contracts and money from the federal government which were set aside for small businesses. The federal lawsuit was settled for $2.8 million and was settled without an admission of wrongdoing by Ross Group Construction.
According to the National Council legislation, Ross Group and other defendants have expressed interest in settling the lawsuit between the two parties, and Muscogee (Creek) Nation aims to receive a settlement worth no less than $1.5 million.
The next hearing for the case is scheduled for Jan. 30, 2026, while a potential jury trial is scheduled for June 15, 2026.
Mvskoke Media will continue to monitor this situation and provide updates as it develops.
