HomeMy WebLinkAboutMemo-City Attorney's OfficeCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: November 1, 2010
RE: Proposed Resolution -City Commission Meeting -November 18, 2010
Accepting a payment in the amount of $75,000, in full settlement of
all claims and demands for the case of City of Miami v. D.H. Griffin
Construction of Florida, LLC, Case No. 08-45701 CA 02
File ID 10-01218, Matter No. 08-1905
The attached proposed Resolution seeks authorization to accept payment in the amount
of $75,000, in full settlement of all claims for the case of City of Miami vs. D.H. Griffin
Construction of Florida, LLC, et al, Case No. 08-45701 CA 02, and authorization for the City
Manager to execute a release in a form acceptable to the City attorney to effectuate the
settlement.
This case involves claims for property damage to the Dr. James Jackson Office located
at 190 Southeast 12th Terrace, Miami, Florida. The Dr. Jackson Office was built in 1905 and
moved to its current location in 1917. The property was conveyed to the City of Miami
("City") in 1977 and has been leased to the Dade Heritage Trust since that time.
In April, 2004, D.H. Griffin Construction of Florida, LLC, commenced construction of
a 22-floor condominium known as the Solaris. The Solaris property is adjacent to the Dr.
Jackson Office property. During the course of construction, debris fell onto the City's property
and damaged the building. Prior to suit, the Dade Heritage Trust attempted to negotiate a
settlement for property damages with the developer. However, the agreement was never
finalized. In 2008, the City filed this action against D.H. Griffin Construction of Florida and
H. & H Development Co., alleging that the Defendants were negligent in allowing dust, debris,
concrete spi3Thige and falling objects to damage the City's prope::_;y during the course of
construction. Furthermore, the City alleged that on August 7, 2005, the defendant construction
company failed to secure its premises so as to allow an individual to trespass onto the
construction site, ascend the unfnished building, and jump to his death from the building
causing severe damage to the City's property.
In June, 2007, the Public Facilities Department obtained an estimate from Pistorino &
Alam Consulting Engineers, Inc., in which a structural engineer opined that the total cost of
repairs related to the adjacent construction was $111,000, with an additional estimate of $12,000
to make repairs to rotting wood which was unrelated to the Solaris construction. The Public
Facilities Department also obtained another estimate from Tran Construction for the total amount
of $332,694.
In 2010, the City's Capital Improwmcnt Department contracted with AML Construction
to perform repairs to the Dr. Jackson Office. The repairs performed by AML Construction
251134.doc
included painting, roof, ceiling, and floor deck repairs, landscaping and replacement of an air
conditioning unit. The City paid AML Construction approximately $115,500 for these repairs.
D. H. Griffin Constructio_i of Florida, LLC, has offered to pay the City $75,000 to
settle all claims arising from this lawsuit, in exchange for the. City executing a release and
waiving any and all claims for damages against third parties.
cc: Carlos A. Migoya, City Manager
Elvi Gallestegui, Agenda Coordinator
Enclosure(s)
2
251134.doc