Subject:
Title
Proposed initiation of litigation in the case of Pinellas County v. American Empire Builders, Inc. for money damages arising out of Contract Nos. 21-0708-CP and 190-0109-CP.
label
Recommended Action:
Recommended Action
Approval of authorization for the County Attorney’s Office, through outside counsel, to initiate litigation in the case of Pinellas County v. American Empire Builders, Inc .
Body
Strategic Plan:
N/A
Summary:
Summary
The County Attorney’s Office is seeking authorization to file suit through outside counsel if negotiations to resolve the dispute are unsuccessful.
This action is the result of breaches of contract for the Oakwood Drive Bridge Replacement and the Westwinds and Crosswinds Bridge Replacements. American Empire Builders, Inc. (AEB) was the construction contractor. Neither project was completed and, as a result, on January 30, 2024, the Board voted to terminate AEB’s right to proceed with both contracts. Negotiations commenced thereafter.
This authorization includes bringing suit against all defendants that are or may become necessary to fully litigate this action.
Body
Background Information:
The contract for the Westwinds and Crosswinds Drive Bridges Replacement project was awarded on April 21, 2020, under Legistar item 19-2122A, and Change Order No. 1 appeared on the agenda as a delegated item on September 30, 2023, under Legistar item 23-0429D.
The contract for the Oakwood Drive Bridge Replacement was awarded on December 7, 2021, under Legistar item 21-1595A.
AEB’s right to proceed under both contracts was terminated on January 1, 2024, under Legistar item 24-0012A.
Fiscal Impact:
N/A
Staff Member Responsible:
Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney
Partners:
N/A
Attachments:
N/A