Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO DISCUSS and provide the County Attorney with required direction regarding the Proposal for Settlement made by Archer Western Construction, LLC, in the action titled Archer Western Construction, LLC v. Broward County, Case No. CACE-20-010939 (17th Jud. Cir. Ct.).
body
Why Action is Necessary
Required to permit Board discussion and provide the referenced direction.
What Action Accomplishes
Permits Board discussion and provides the referenced direction.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
On August 19, 2022, Archer Western Construction, LLC, served a Proposal for Settlement in the action titled Archer Western Construction, LLC v. Broward County, Case No. CACE-20-010939 (17th Jud. Cir. Ct.). A Proposal for Settlement is a procedural tool that enables a party to, under certain circumstances, obtain an award of attorneys’ fees if the party prevails in the litigation. Under applicable rules, Broward County is required to accept or reject the proposal within 30 days.
This item would provide Board direction to the County Attorney regarding the acceptance or rejection of the Proposal for Settlement. The Office of the County Attorney (CAO) is currently analyzing the proposal and discussing this matter with the Aviation Department Director. Upon the completion of that analysis and discussion, the County Attorney will issue a confidential memorandum to the Board addressing the proposal, and will further discuss the proposal during individual agenda briefings. If determined necessary, the CAO will submit a supplemental agenda item enabling a closed attorney-client (SHADE) meeting to discuss the proposed settlement.
Source of Additional Information
Alexander J. Williams, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The fiscal impact will be addressed in the CAO’s memorandum.