Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE Settlement Agreement attached as Exhibit 1 by and among Broward County and James A. Cummings, Inc., Tutor Perini Building Corp., Tutor Perini Corporation, Small Brothers, LLC, and Cleveland Construction, Inc., including costs and attorneys' fees, in the cases titled James A. Cummings, Inc. v. Broward County, Case No. CACE 19-014258 (03), and Broward County, Florida, ex rel. Small Brothers, LLC v. James A. Cummings, Inc., Tutor Perini Building Corp., and Tutor Perini Corporation, Case No. CACE 17 020475 (05); and to authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Board approval is necessary to resolve these pending lawsuits.
What Action Accomplishes
Settlement of 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 ("Courthouse Delay Litigation"). JAC sought damages of approximately $31.5 million. The County denied JAC's 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 (the "Ordinance"); the County sought substantial damages for those asserted breaches and violations.
In 2017 Small Brothers, LLC ("Small Brothers"), filed a lawsuit alleging JAC, Tutor Perini Building Corp., and Tutor Perini Corporation (collectively, the "Tutor Entities") submitted false claims in violation ...
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