Subject:
Title
Amendment to Legal Services Agreement in the case of Pinellas County v. American Empire Builders, Inc., et al. - Circuit Civil Case No. 24-005416-CI.
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Recommended Action:
Recommended Action
Approval of Amendment to the Legal Services Agreement in the case of Pinellas County v. American Empire Builders Inc., et al. - Circuit Civil Case No. 24-005416-CI, increasing the total not-to-exceed amount by $435,000.00.
Fiscal Impact: Funding for this item is included in the Fiscal Year (FY) 2026 and FY27 budget in General Government in the General Fund.
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Strategic Priorities:
N/A
Summary:
Summary
This lawsuit followed the Board’s termination of American Empire Builders’ (AEB) right to proceed under Contract No. 21-0708-CP (AJM) due to failure to properly and timely perform the Work pursuant to the contract for construction of the Oakwood Bridge. The County sued the contractor and its surety, NGM. AEB filed a breach of contract counterclaim against the County.
The parties were ordered to arbitrate the matter and the arbitration resulted in a favorable ruling to the County, although the County’s request for pre-judgment interest was denied. The defendants, AEB and NGM have rejected the arbitration decision.
Trial is set for October 4, 2026. These additional contract amounts are needed to prepare for and try this case through post-trial motions.
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Background Information:
Original Agreement Amount: $100,000.00
Amendment No. 1: No change to the cap
Amendment No. 2: No change to the cap
Amendment No. 3: Total not to exceed $350,000.00 with FY Cap of $250,000.00.
Proposed Amendment No. 4: Total not to exceed $785,000.00, for legal services through post-trial motions.
Fiscal Impact:
The proposed fourth amendment will increase the total not-to-exceed cap to $785,000.00 for legal services through post-trial motions. The original agreement, first amendment, and second amendment were approved by the Purchasing Director within their delegated authority. The third amendment exceeded the delegated authority of the Purchasing Director; therefore, the County Administrator was requested to approve the third amendment. This fourth amendment exceeds the delegated authority of the County Administrator; therefore, the Board of County Commissioners is requested to approve the fourth amendment.
Fiscal Impact: Funding for this item is included in the FY26 and FY27 budget.
Staff Member Responsible:
Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney
Chris Rose, Director, Office of Management & Budget
Partners:
N/A
Attachments:
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