Title:
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Approve and authorize the Chairman to execute a Release Agreement between Seminole County and C.T. Hsu & Associates, LLC related to the APM v. Seminole County litigation (2022-CA-1729). 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:
The County is currently in litigation with various parties regarding the construction of Seminole County’s Fire Station 11. The original lawsuit was filed against the County in circuit court on July 26, 2022, by APM Construction Corp. (APM), the original contractor on the County’s Fire Station 11 Project, alleging breach of contract (Count I), violation of Prompt Payment Act (Count II), violation of the Sunshine Law (Count III) and violation of the Public Records Law (Count IV), following the Board’s unanimous vote on May 10, 2022 to terminate APM’s construction services contract.
The County filed a Counterclaim against APM seeking damages for breach of contract (Count I) and damages under the bond (Count II), including liquidated damages; the County also filed a third-party complaint against the Surety seeking to recover liquidated damages and actual damages for the costs of correction and completion of APM’s defective construction work, plus the County’s attorneys’ fees, costs, and expenses related to this lawsuit. The Surety filed a counterclaim against the County for breach of the performance bond and against the County’s design consultant, C.T. Hsu & Associates, LLC (“CT HSU”), for professional negligence. APM has filed a Motion to Amend Complaint to add a claim against CT Hsu, also for professional negligence.
The County contracted with CT Hsu in 2019 to provide architectural and engineering services for the design and construction administration of Fire Station 11. The County has not brought any claim against CT Hsu for the design and construction of Fire Station 11. CT Hsu now seeks the County’s execution of the Release of all Claims related to its involvement with Fire Station 11. The County Attorney’s Office and the County’s outside counsel in this matter agree that the County’s release of CT Hsu is in the best interests of the County and the ongoing litigation.
Requested Action:
Staff requests the Board approve and authorize the Chairman to execute the Release Agreement between Seminole County and CT Hsu & Associates, LLC related to the APM v. Seminole County litigation (2022-CA-1729).