Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 12, 2013
February 12, 2013, Regular Meeting
Agenda Item #12

Proposed Legal Action against Balfour Beatty Construction, LLC.

Briefing Provided Upon Request

Contact and/or Presenter Information
Mitchell O. Palmer, County Attorney
Jim Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, Ext. 3753

Action Requested
Motion to authorize the County Attorney's Office to take all appropriate legal action against Balfour Beatty Construction, LLC and it's sureties for defects existing in the Manatee County Judicial Center.

Enabling/Regulating Authority
Florida Statute 125.01

Background Discussion
Balfour Beatty Construction, LLC (f/k/a Centex Construction, LLC) entered into a contract in 2005 to perform work on the Manatee County Judicial Center. It has a performance bond on the project from a consortium of sureties led by Travelers Casualty and Surety Company of America. It has since been determined that there are construction and/or design defects to the stucco facade of the building and the adjoining buildings. The Surety and Contractor have been lawfully noticed of the defects and a pre-suit demand letter has been sent pursuant to Ch. 558, F.S. Negotiations have been reached in a final agreement for remedial work that is to be performed correcting the defects at the Judicial Center. (See attached)  It is believed that Balfour Beatty Construction, LLC has retained sub-contractors to perform the work but it has not started the necessary remediation as of this date. In light of the limitations period that governs these actions, Manatee County must timely file an action to enforce its rights against both Balfour Beatty Construction, LLC and its sureties in the event that the remediation work is not timely completed to the County's satisfaction. The County Attorney's Office therefore recommends that the Board authorize it to take all appropriate legal action to enforce the County's rights under the original contract or the Remediation and Access Agreement.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Remediation and Access Agreement.
Letter to R. Steven Holt dated Aug. 14, 2012.
Traveler's Casualty Insurance Co. Letter dated Aug. 14, 2012.

Reviewing Attorney

Instructions to Board Records
Please return a fully executed electronic copy of the agenda item with attachments to joann.grace@mymanatee.org

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BBC Remediation and Access Agreement.pdf
Attachment:  Balfour Beatty-Holt Ltr.pdf
Attachment:  Balfour Beatty-Sureties Ltr.pdf