HCPS FL Logo Deputy Superintendent
Action Item
DATE: Tuesday, January 15, 2013
TO: School Board Members
FROM: MaryEllen Elia, Superintendent
SUBJECT / RECOMMENDATIONS
The School Board attorney recommends that the School Board authorize Broad and Cassel to file suit against Ellis Construction Co., The Architectural Practice, Inc. and any and all related bonds and insurance policies, for breach of contract, breach of warranty and other claims relating to the construction of Deer Park and Oak Park Elementary Schools
EXECUTIVE SUMMARY
Ellis Construction Co. was the construction manager, and The Architectural Practice, Inc. the architect, for the construction of Deer Park and Oak Park Schools.  District staff has been working to obtain remediation of construction defects on the projects which have arisen since completion of the construction.  Those efforts are and will be continuing but because of time limitations relating to the claims, the School Board attorney recommends the filing of the suit to preserve the School Board’s rights to pursue all available remedies in the event the defects cannot be resolved. 

Broad and Cassels is one of the Board’s authorized outside counsel for construction law matters and have provided advice to staff in their efforts taken to date to resolve the dispute. 

STRATEGIC OBJECTIVES
• Construct and maintain facilities that create an environment conducive to teaching and learning
FINANCIAL IMPACT (Budgeted:  Yes)
This agenda item will have no impact to the district's budget.
EVALUATION
N/A
SUBMITTED BY: 
    Thomas M. Gonzalez

  School Board Attorney
(813) 273-0050
    A 8.02
Hillsborough County Public Schools (Florida) * Mtg.#20130115_550 (Board Meeting) * Section A Item# 8.02