HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFIC_
MEMORANDUM
CA.8
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: December 4, 2003
RE: Proposed Resolution for City Commission — December 18, 2003
Accepting a Partial Settlement for the case of City of Miami vs.
Danville-Findorff, Inc., a Florida corporation, Hames Contracting, Inc.,
a Georgia corporation, and the Sherwin-Williams Company, an Ohio
corporation in the Circuit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 99-22455 CA (23)
(File ID# 03-0276)
The attached proposed Resolution pertains to the litigation filed by the City to
recover its damages due to failure of the paint used or the poor quality of the painting work
performed during the Orange Bowl renovation project.
The Resolution accepts $500,000 in partial settlement of the claims and demands
of the City of Miami in the case of City of Miami vs. Danville-Findorff, Inc., a Florida
corporation, Hames Contracting, Inc., a (eorgia corporation, and the Sherwin-Williams
Company, an Ohio corporation in the Circtiit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 99-22455 CA (23). That lawsuit was filed by
the City on September 24, 1999 against Danville-Findorff, Inc., the general contractor,
Hames Contracting, Inc., the painting subcontractor, and the Sherwin-Williams Company,
the manufacturer of the paint and paint products, alleging various causes of action for
breach of contract, breach of warranty, negligence and tortious interference with contract
("the City's lawsuit")
The partial settlement of the City's lawsuit includes only the claims between the
City and the Sherwin-Williams Company and does not involve or include the City's
claims against Danville-Findorff, Inc. or Hames Contracting, Inc., against whom the
City's lawsuit and collection efforts will continue.
The settlement is recommended by the Office of the City Attorney.
W970:tr:BSS:MJS
Attachment
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator