January 25, 2011
Status:
REVISED
Approve the Settlement Agreement between The School Board of Broward County, Florida, Di Pompeo Construction Corp., and Architecture, Inc.
The School Board of Broward County, Florida (the "SBBC") entered into a Contract, dated March 15, 2005 with Di Pompeo Construction Corp. ("DI POMPEO) for the construction of a Cafeteria and Classrooms located at Broadview Elementary School (Project No. 0811-21-01)(the "Project"). The Contract required the Project to be constructed pursuant to the design documents prepared by Architecture, Inc. (the "A/E"). The SBBC, DI POMPEO and the A/E are hereinafter collectively referred to as the "Parties."
In Count I of an action styled Di Pompeo Construction Corp. v. The School Board of Broward County, Florida, filed in the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida, Case No. 10-31869CACE 02 (the "Lawsuit"), DI POMPEO has alleged that it was significantly delayed in the progress and completion of the Project for a number of reasons, including, but not limited, to issuance of defective and incomplete design drawings, improper designs, delays in connection with submittals, untimely approvals from other governmental agencies, alleged improper and untimely inspections of DI POMPEO's work and an alleged failure of the SBBC to approve various change orders, grant appropriate time extensions, and timely pay DI POMPEO, all of which were alleged to constitute active interference by the SBBC.
DI POMPEO has agreed to accept the total sum of $150,000 in full and final settlement of Count I of the Lawsuit. Subject to School Board approval, the SBBC will pay DI POMPEO the sum of $110,000, and the A/E and its subconsultant, JLRD, will collectively pay DI POMPEO the sum of $40,000
District staff, the School Board Attorney's Office, and The School Board's cadre counsel, Steven B. Lesser, Esq. and Neil H. Levinson Esq. recommend approval of the Settlement Agreement as a fair and reasonable cost-effective resolution to Count I of the Lawsuit, which will eliminate protracted litigation and additional costs.
The financial impact to the district is $110,000. The source of funds is the Adopted District Educational Facilities Plan, Fiscal Years 2010-2011 to 2014-2015, Legal and Contingency budget.
Requested Action
REVISED
Approve the Settlement Agreement between The School Board of Broward County, Florida, Di Pompeo Construction Corp., and Architecture, Inc.
Summary
The School Board of Broward County, Florida (the "SBBC") entered into a Contract, dated March 15, 2005 with Di Pompeo Construction Corp. ("DI POMPEO) for the construction of a Cafeteria and Classrooms located at Broadview Elementary School (Project No. 0811-21-01)(the "Project"). The Contract required the Project to be constructed pursuant to the design documents prepared by Architecture, Inc. (the "A/E"). The SBBC, DI POMPEO and the A/E are hereinafter collectively referred to as the "Parties."
In Count I of an action styled Di Pompeo Construction Corp. v. The School Board of Broward County, Florida, filed in the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida, Case No. 10-31869CACE 02 (the "Lawsuit"), DI POMPEO has alleged that it was significantly delayed in the progress and completion of the Project for a number of reasons, including, but not limited, to issuance of defective and incomplete design drawings, improper designs, delays in connection with submittals, untimely approvals from other governmental agencies, alleged improper and untimely inspections of DI POMPEO's work and an alleged failure of the SBBC to approve various change orders, grant appropriate time extensions, and timely pay DI POMPEO, all of which were alleged to constitute active interference by the SBBC.
DI POMPEO has agreed to accept the total sum of $150,000 in full and final settlement of Count I of the Lawsuit. Subject to School Board approval, the SBBC will pay DI POMPEO the sum of $110,000, and the A/E and its subconsultant, JLRD, will collectively pay DI POMPEO the sum of $40,000
District staff, the School Board Attorney's Office, and The School Board's cadre counsel, Steven B. Lesser, Esq. and Neil H. Levinson Esq. recommend approval of the Settlement Agreement as a fair and reasonable cost-effective resolution to Count I of the Lawsuit, which will eliminate protracted litigation and additional costs.
School Board Goals
| Goal Six: Parents, Business and Community Partnerships (2008-2011) |
Financial Impact
The financial impact to the district is $110,000. The source of funds is the Adopted District Educational Facilities Plan, Fiscal Years 2010-2011 to 2014-2015, Legal and Contingency budget.
Source of Additional Information
Neil H. Levinson, Esq. Marylin Batista-McNamara, Esq. 754-321-2050
Associated File Attachments
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Settlement Agreement (Files) | |
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Voting Conflict Memorandum (Files) | |
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ExecutedCompleteCopy (Files) |