HomeMy WebLinkAboutCover MemoRE.2
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEM ORANDUM
TO:
FROM:
Honorable Mayor and Members of the City Commission
Jorge L. Fernandez, City Attorney
DATE: February 19, 2008
RE: Proposed Resolution - City Commission Meeting -February 28, 2008
Accepting a Settlement for the case of City of Miami vs. Cone
Constructors, Inc. and American Home Assurance Company in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 03-18622 CA (08)
(File No. 08-00167)
The attached proposed Resolution pertains to the litigation filed by the City to
recover its damages resulting from a breach of contract for Cone Constructors, Inc.'s
failure to complete a project at the Dinner Key Boatyard -Marina Docks, Contract No. H-
1088.
The Resolution accepts a payment to the City in the amount of five hundred
thousand dollars ($500,000) in full settlement of the claims and demands of the City of
Miami in the case of City of Miami vs. Cone Constructors, Inc. and American Home
Assurance Company in the Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 03-18622 CA (08). That lawsuit was filed by the
City on August 12, 2003 against Cone Constructors, Inc. the general contractor and
American Home Assurance Company, the bonding company for Cone Constructors, Inc.,
alleging causes of action for breach of contract and specific performance.
The $500,000 full settlement of the City's lawsuit includes all claims as between
the City and Cone Constructors, Inc. and American Home Assurance Company.
The settlement is recommended by this Office.
Attachment(s)
c: Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator
108259