Created : March 02, 2014 at 06:21 PM
February 19, 2014
Status:
Open Agenda
Approve the Settlement Agreement between The School Board of Broward County, Florida and Grace & Naeem Uddin, Inc.
This Agreement is the result of efforts to resolve differences and disputes between Grace & Naeem Uddin, Inc. ("GNU") and The School Board of Broward County, Florida (the "SBBC") arising out of the construction of new stadium bleachers at Dillard High School (the "Project").
On November 28, 2008, GNU filed a Complaint against defendants Clyde Phil Vanderhider, Jr., Seating Construction USA, Inc., d/b/a Seating Constructors USA, Inc. and Wachovia Bank, N.A., in Broward County Case Number 08-054605 (05), alleging entitlement to damages totaling $675,921. One year later, on November 29, 2009, GNU filed its Amended Complaint by adding The School Board of Broward County, Florida as an additional Defendant.
In its lawsuit, GNU sought $675,921 from the SBBC and alleged it performed as general contractor pursuant to a contract. The SBBC denied GNU's claim based on the lack of a fully-executed contract, and further, because the SBBC contracted with and paid contractor Seating Constructors, USA, Inc. for such work.
The Office of the General Counsel successfully obtained dismissal of GNU's Amended Complaint in January 2010, and dismissal of GNU's Second Amended Complaint in May 2010. In October 2010, the Office of the General Counsel obtained Summary Judgment with respect to GNU's Third Amended Complaint. However, in July 2011, the Court reversed itself and vacated the Summary Judgment. Upon reinstatement of the lawsuit by the Court, GNU continued to pursue its claims.
Through settlement negotiations, GNU has agreed to accept $175,000 from the SBBC in full and complete settlement of its lawsuit (the "Settlement Sum").
This item resolves and settles the litigation between the SBBC and GNU. District staff, cadre counsel and the General Counsel's Office recommend approval of the Settlement Agreement as a fair, reasonable and cost-effective resolution of the dispute between the parties.
The financial impact to the district is $175,000. The source of funds is the Adopted District Educational Facilities Plan, Fiscal Years 2013-2014 to 2017-2018, Legal and Contingency budget.
Requested Action
Approve the Settlement Agreement between The School Board of Broward County, Florida and Grace & Naeem Uddin, Inc.
Summary
This Agreement is the result of efforts to resolve differences and disputes between Grace & Naeem Uddin, Inc. (?GNU?) and The School Board of Broward County, Florida (the "SBBC") arising out of the construction of new stadium bleachers at Dillard High School (the "Project").
On November 28, 2008, GNU filed a Complaint against defendants Clyde Phil Vanderhider, Jr., Seating Construction USA, Inc., d/b/a Seating Constructors USA, Inc. and Wachovia Bank, N.A., in Broward County Case Number 08-054605 (05), alleging entitlement to damages totaling $675,921. One year later, on November 29, 2009, GNU filed its Amended Complaint by adding The School Board of Broward County, Florida as an additional Defendant.
In its lawsuit, GNU sought $675,921 from the SBBC and alleged it performed as general contractor pursuant to a contract. The SBBC denied GNU's claim based on the lack of a fully-executed contract, and further, because the SBBC contracted with and paid contractor Seating Constructors, USA, Inc. for such work.
The Office of the General Counsel successfully obtained dismissal of GNU's Amended Complaint in January 2010, and dismissal of GNU's Second Amended Complaint in May 2010. In October 2010, the Office of the General Counsel obtained Summary Judgment with respect to GNU's Third Amended Complaint. However, in July 2011, the Court reversed itself and vacated the Summary Judgment. Upon reinstatement of the lawsuit by the Court, GNU continued to pursue its claims.
Through settlement negotiations, GNU has agreed to accept $175,000 from the SBBC in full and complete settlement of its lawsuit (the "Settlement Sum").
This item resolves and settles the litigation between the SBBC and GNU. District staff, cadre counsel and the General Counsel's Office recommend approval of the Settlement Agreement as a fair, reasonable and cost-effective resolution of the dispute between the parties.
School Board Goals
| Goal 2: Continuous Improvement |
Financial Impact
The financial impact to the district is $175,000. The source of funds is the Adopted District Educational Facilities Plan, Fiscal Years 2013-2014 to 2017-2018, Legal and Contingency budget.
Source of Additional Information
F. Malcolm Cunningham, Jr., Esq. Thomas C. Cooney, Esq. 754-321-2050
Associated File Attachments
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Settlement Agreement (Files) |