Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE Office of the County Attorney to serve upon James A. Cummings, Inc., a proposal for settlement in an amount not to exceed $10 million in the case titled James A. Cummings, Inc. v. Broward County, No. CACE-19-041258(03); and authorize the Office of the County Attorney and the County Administrator to take all necessary administrative and budgetary actions to implement this authorization, including transfers from reserves if and as required.
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Why Action is Necessary
Board approval is necessary to authorize the service of a proposal for settlement in an amount above delegated settlement authority.
What Action Accomplishes
Authorizes service of a proposal for settlement in pending litigation.
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Previous Action Taken
Summary Explanation/Background
In 2012, the County entered into a contract with James A. Cummings, Inc. (“JAC”), to construct the new Broward County Courthouse. Throughout the course of the project, there were issues that resulted in delays in the progress of the work. In 2019, JAC sued the County asserting a breach of contract claim primarily alleging that the County is responsible for construction delays. The County denied those allegations and filed a counterclaim against JAC asserting that JAC is responsible for delays, defective and nonconforming work, and violation of the County’s False Claims Ordinance. This case is currently scheduled for trial commencing in January 2025.
A proposal for settlement (“PFS”) is a procedural tool that sometimes facilitates settlement of litigation by shifting the risk of bearing a prevailing party’s cost of reasonable attorney’s fees and litigation costs from the date the party sends a PFS.
For the reasons explained in our confidential memorandum dated June 7, 2024, and as further discussed during individual briefings, we recommend serving a PFS on JAC in an amount not to exceed $10 million.
Source of Additional Information
Michael J. Kerr, Chief Counsel, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The potential fiscal impact is $10 million, which will be paid from the Courthouse Capital Fund and a transfer from General Fund Reserves.