HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable M
FROM: Jorge L. Fern
DATE: April 27, 2005
RE: Proposed Resolut • n for City Commission Meeting — May 12, 2005
Accepting a Partial Settlement for the case of City of Miami vs.
Danville-Findorff, Inc., a Florida corporation, flames 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)
and mbers of the City Commission
ity Attorney,
aj-443(1
The attached proposed Resolution pertains to the litigation filed by the City to
recover its damages resulting from failure of the paint used or the poor quality of the
painting work performed during the Orange Bowl renovation project.
The Resolution accepts a settlement in the amount of ninety thousand dollars
($90,000) 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 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). 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 $90,000 partial settlement of the City's lawsuit includes only the claims as
between the City and Hames Contracting, Inc. and does not involve or include the City's
claims against Danville-Findorff, Inc., against whom the City's lawsuit and collection
efforts will continue. The $90,000 settlement proceeds are in addition to the $500,000
settlement proceeds received from an earlier settlement with the Sherwin-Williams
Company.
The settlement is recommended by this Office.
W1196:MJS
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator