Fort Walton Beach Council agenda — 10-28-08 executive session — reading text

~ Q15214 ._' City V. Shar~' ; 8&H Oct. 24'~( J}8 Publication date: Friday, October 24, 2008 CorWocling, Okolooso ,':" _ CounIv Court Case - No. Po ~~. ng ny AftOrItftt aA;.~ TOOA! Executive Session 10- 28- 08 at 6: 00pm Page 2 of2 Hi all: Please be advised the above meeting time has been changed to 6: 00pm instead of 5: 30pm as the City Attorney advises it will take no more than 30 minutes in the meeting. As always the regular meeting will begin at 7: 00pm. Sorry for the inconvenience on the time. Helen Spencer City Clerk- Fort Walton Beach 850-833- 9509 850-833- 9640- Fax hspencer@fwb. org Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. 10/ 21/ 2008  c, CLA~ K PARTINGTON HART Fa~: 8SJ4348457 See ~ G 2003 10:~ 2 CLARK, PA~ TINQTON, HART, LARRY, BOND & STACKHOUSE ATTOANEY$ AT LAw K& I"I'H L.. BEI.I..JR SUIT' E: 800, ONE: Pl.. AiA PEN5ACO..... 5uIJ- 5 MCA.ULEY W' LLIAM E:. BONO. . J~, 25 T ROIo4ANA WI!:~ f 9'm~ E:' DOUOu.6 r MILLE:R JUO~ ON C. AIIIOT B-' PItNSAQOLA, Fi"QAIOA : J2!! S0 2 L.'&~ A HOL_ EV i= MI:: lAINTE.~ JERCMY C, BA N II\ O C O. PAAT' BRVc;. NC'I" ON CARYN M. c.."' fII'afi;1.1. JASOI'< W. PI;' TE: RI;ON M, SCOT'!" M" IEL.L. C... O~" ICE: Box PO{!;" I 30 10 TEPHIN A. P''T'; i! 1!: YL~ I'i Q"' CRAMCR P~ NSAOOLA, ; LQRIPA 325G1 I . 30 I 0 SCOTT A. REMINOTON WILLIAM ..J. DUll/AWAY ONE ( 8S0) 434.Q200 JE!!.! W, R' OBY JOHN M. ~ J!lY' N F" A. ( 860) 432. 7:340 MIC:"''' EI. U 5CMOF"fEl-O ROBERT D. HAJ!I'T, JR. RICMARO N. SMEARI!..\" W. C"'RI& TO~...~ I!IHAA" HARRY e S" A. CI<. HOU~ 1:: RYAN P. HATLER H. '- EE S-r~ AY~ tj. III OAR" W Hu9TO"l YN R. WARO CAR01.. CHARLES r .. JAME: 6. IV KIRIH .... WII.1.. IAMG Ay T. vE:Nl(i!' ZAc...... 4o JOt4- N M KVAATt:K 6 K ;.. AA~'!' M9ACOLA, F'LORIDA DE.......' A AIoAN MAIoIt. II'IQ Dt:6. IM. F'LORIDA September 26, 2008 VIA FACSIMILE Torn L.Craig, Esq. 244 Racetrack Rd. N.E. Ft Walton Beach. FL 32547 Re: City of Fort Walton Beach v. B& H Earth MOvlnJi! ContractoTs. Inc. et at Okaloosa County Circuit Court Civil Action No. 2003- CA- 004042 Dear Ms. Craig: Thank you for taking the time to speak with me earlier today concerning the litigation between B& HJ Sharpe and the City of Ft. Walton Beach. Obviously r am representing both Sharpe and B&H as there is no privety between B& H and the City of Ft. Walton Beach. The contract 'between the City and Sharpe allowed borrowed fiU as part of a value enginoering plan. Aft~r a few days of using borrowed fin your representative began placing restrictions on the use ofborro~ ed fin and by August 2001 your client prohibited any furth~ use of borrowed fill.As a result Sharpe' s site subcontractor had to import filL Sharpe is indebted to B& H $ 15, 936. 00 for the cost of import fi11) 510,475. 00 for reclamation of the borrow site area and $ 13, 000. 00 for remediation. (labor and matcmals) of the parking prep areas because your client ran the sprinkler systems at night. This is $ 36, 411. 00. Adding to that, prejudgment interest from August I, 2002 and the total is $ 60, 070. 00. I believe there is little doubt Judge Barron will award Sharpe this amount of money. As you know, the use of fill dirt is within the scope of the contract. That means the Y A.l. decision does not require a written cihange order. Only if it is outside the contract is it extra work requiring a vlritten change order. I am comfortable taking that issue to Judge Barron. We ha.ve previously litigated that issue with Judge Tolton, been successful, and prevailed on appeal To argue use of fill dirt was outside of the gc'ope oftr.e conn-act is simply not winnable. That leaves the delay damages B& H has assessed against Sharpe. They it~ ize that at 49\ 325: 00. As we discussed, Judge Barron mayor may not award delay