Broward County Commission Regular Meeting


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AI-17121 61.       
Meeting Date: 06/24/2014  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Information
Requested Action
MOTION TO APPROVE proposed Settlement Agreement in the case of Gen-X Construction, Inc. v. Broward County, 17th Judicial Circuit Court Case No. 11-001351.02.

ACTION:  (T-10:23 AM)  Approved.
 
VOTE: 9-0.
Why Action is Necessary
This settlement will resolve the pending litigation.
What Action Accomplishes
Settlement of pending litigation.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/ Background
Gen-X Construction, Inc. ("Gen-X"), filed a lawsuit against Broward County for breach of contract in connection with the construction of basketball courts, corporate shelters, and maintenance facilities at ten different County parks, claiming that the County actively interfered with the construction, causing delay damages in the amount of $1,342,012. Gen-X and the County settled the claim in the amount of $250,000 to Gen-X. The County filed a Third-Party Complaint against the architect, Cartaya and Associates, Architects, P.A. ("Cartaya"), for damages, allegedly caused by plain errors, omissions, and delays. Cartaya filed a counterclaim against the County for outstanding invoices totaling $31,953. Cartaya and the County have agreed to settle the dispute, subject to Board approval, in the amount of $110,000 paid to the County, plus Cartaya's waiver of all of the outstanding invoices. The Department of Public Works, Highway Construction & Engineering Division's calculation of damages concluded that $110,000 in damages were caused by Cartaya's delays and errors on the project. The amount in excess of $110,000 that the County paid to Gen-X as part of its $250,000 settlement was for additional work on the project that the County requested. The total settlement value to the County is $141,953.

This settlement would resolve the lawsuit between Cartaya and Associates, Architects, P.A., and the County. The Department of Public Works, Highway Construction & Engineering Division concurs with and recommends approval of this settlement.

Fiscal Impact
Fiscal Impact/Cost Summary:
Not applicable.
Attachments
Exhibit 1 - Settlement Agreement


    

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