Superintendent Office Action Item |
DATE: Tuesday, June 10, 2008
TO: School Board Members
FROM: MaryEllen Elia, Superintendent
SUBJECT / RECOMMENDATIONS
Authorize the Defense of the School Board in D. R. Horton vs. The School Board of Hillsborough County, Florida before the Thirteenth Judicial Circuit Hillsborough County, Florida
EXECUTIVE SUMMARY
This is a suit brought by D.R. Horton for breach of contract and unjust enrichment. As part of a purchase of land, the Board agreed to construct an extension to Eagle Palm Road. The sellers of the land assigned their rights to D.R. Horton, which contends that the School Board failed to complete the road construction and therefore the Board owes that company monies expended by Horton to complete the road. Board staff denies that it owes the monies claimed and also believes that the actions of Horton and its predecessor in interest caused the delay in completing the road, which delay resulted in costs to the School Board in excess of the amounts claimed by Horton. Staff asks authorization to defend against Horton’s claim and also to file a countersuit against Horton for damages caused the Board.
Complaint alleges breach of contract and unjust enrichment.
ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)
N/A
FINANCIAL IMPACT (Budgeted: No)
EVALUATION
SUBMITTED BY: School Board Attorney
|
Thomas M. Gonzalez
School Board Attorney (813) 273-0050 |
A 8.03 | |
Hillsborough County Public Schools (Florida) * Mtg.#20080610_330 * Section A Item# 8.03 |