Title:
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Approve and authorize the Chairman to execute the proposed negotiated Settlement Agreement in the Seminole County v. Benchmark Construction Co., Inc. & Liberty Mutual Insurance Company matters (Case Nos. 2025-CA-1123 & 2025-CA-1143) for the total amount of $3,650,000.00 and execute the Notice of Amendment to the Termination for Cause against Benchmark Construction Co., Inc., Countywide (Kate Latorre, County Attorney)
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Division:
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County Attorney Office
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Authorized By:
Kate Latorre, County Attorney
Contact/Phone Number:
Kate Latorre/407-665-7250
Background:
This matter involves the Seminole County Board of County Commissioners’ (“Board”) November 12, 2024 termination for cause of Benchmark Construction Co. (“Benchmark”) for the Country Club Heights Sewer and Water Main Replacement Project following Benchmark’s deficiencies, delays, and non-compliance with project specifications on the project.
Following the termination, the bonding company, Liberty Mutual Insurance Company (“Liberty”), sued the County and the County’s design engineer, CHA. The County then sued Benchmark and Liberty. The parties mediated this matter on October 12, 2026 and a recommended mediated settlement agreement was reached between the County, Liberty, and Benchmark. Benchmark’s and Liberty’s claims against CHA remain.
Under the terms of the recommended settlement, Liberty, Benchmark, and the County agreed to dismiss the lawsuits/release any/all possible claims under the contract, and in exchange, Liberty is to pay the County $3,650,000.00, the County is to revise its termination for cause against Benchmark to a termination for convenience, and Benchmark agrees not to submit any bids or proposals to the County for 10 years from the effective date of the settlement agreement.
Requested Action:
Approve and authorize the Chairman to execute (1) the Settlement Agreement for all outstanding claims, causes of action or rights that exist between Seminole County, Liberty, and Benchmark for the total amount of $3,650,000.00 and (2) the Notice of Amendment to the Termination for Cause against Benchmark.