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Special Meeting/Workshop - No Division Assigned

Title: Special Meeting re: Construction Litigation

Recommendation:

I recommend the School Board approve a Resolution authorizing the Chief Counsel to file suit and take all appropriate action, including hiring experts, hiring outside counsel, if necessary, and the authority to settle the matter subject to the approval of the Superintendent, against Turner Construction Company, in the 15th Judicial Circuit in and for Palm Beach County or other appropriate forum, regarding the violation of 1) the Agreement regarding Palm Springs Elementary School Modernization Project, Project No. 0651-8262, 2) the Agreement regarding West Boynton Beach High School (91-EEE), Project No. 2001-8320, and 3) the Agreement regarding Lake Worth Area Middle School (98II), Project No. 2781-8197, and against any other necessary parties in the appropriate Court.

Description:

  • The Parties have entered into an a Agreement dated March 12, 2003 regarding the Palm Springs Elementary School Modernization Project, Project No. 0651-8262;
  • Turner Construction has not complied with the terms of the March 12, 2003 Agreement;
  • The Parties have entered into an a Agreement dated April 17, 2002 regarding the West Boynton Beach High School (91EEE) Project, Project No. 2001-8320;
  • Turner Construction has not complied with the terms of the April 17, 2002 Agreement;
  • The Parties have entered into an a Agreement dated August 1, 2002 regarding the Lake Worth Area Middle School (9811) Project, Project No. 2781-8197;
  • Turner Construction has not complied with the terms of the August 1, 2002 Agreement;
  • In order to enforce the terms of the March 12, 2003 Agreement regarding the Palm Springs Elementary School Modernization Project, Project No. 0651-8262, the April 17, 2002 Agreement regarding West Boynton Beach High School (91EEE) Project, Project No. 2001-8320, and the August 1, 2002 Agreement regarding Lake Worth Area Middle School (9811) Project, Project No. 2781-8197 it is necessary to file suit in these matters.

Financial Impact:
Litigations expenditures to be determined.

For Additional Information, contact:

Gerald A. Williams, Esq.; Chief Counsel

williamsg@palmbeach.k12.fl.us

Kathelyn Jacques-Adams, Esq.

Attachments (list):
Construction Resolution November 8 2006.doc

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