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, including costs and attorneys’ fees, in the case of Grace and Naeem Uddin, Inc. v. Broward County, 17th Judicial Circuit Court, Case No. CACE13-013834 (2); and to authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
Broward County (the “County”) and Grace & Naeem Uddin, Inc. (“GNU”) entered into an agreement on June 15, 2010 (“Construction Contract”), for Terminal 3 Security Checkpoint Expansion construction improvements at the Fort Lauderdale-Hollywood International Airport (“Project”). Disputes arose between GNU and the County, leading the County to terminate the Construction Contract.
On June 3, 2013, GNU filed a lawsuit against the County in state court alleging breach of contract, delay damages, and unpaid additional work in connection with the Project. The total amount of GNU’s claim is $1,328,400. The County filed a counterclaim for breach of contract and violations of the County’s False Claims Ordinance. The County also filed a third-party complaint against Arch Insurance Company (“Arch”), the surety, on a Performance Bond issued on the Project. GNU also sued the County’s consultant, Singer Architects (“Singer”), alleging professional negligence.
The County, GNU, Arch, and Singer participated in mediation on June 21, 2022, and July 8, 2022. The County, GNU, and Arch reached an agreement, subject to Board approval, to resolve the litigation with payment to GNU in the amount of $250,000 in full and final settlement of GNU’s claim inclusive of all damages, costs, attorneys’ fees, and interest. The vast majority of this amount, $218,158, is contract retainage that has been held by the County. As part of the settlement, the County has also agreed not to pursue debarment of GNU as a result of the Project. The settlement agreement would resolve the lawsuit between the County, GNU, and Arch. Claims between GNU and Singer remain pending. The proposed settlement agreement is attached hereto as Exhibit 1.
The Aviation Department and the Office of the County Attorney recommend approval of this settlement.
Source of Additional Information
Alexander J. Williams, Jr., Senior Assistant County Attorney, 954-359-6100
Fiscal Impact
Fiscal Impact/Cost Summary
The settlement payment is budgeted in the Aviation Capital Fund.