DEPARTMENT: City Attorney's Office
DEPARTMENT HEAD: Robert F. Greenblum
COUNCIL DISTRICTS IMPACTED: City Wide
SUBJECT:
Settlement of L. Payne Constructors and Valemas, Inc vs. City of San Antonio
SUMMARY:
This item authorizes the settlement of a lawsuit styled L. Payne Constructors and Valemas, Inc. vs. City of San Antonio pending in the 288th Judicial District Court, Cause Number 2010-CI-21011 in the amount of $295,000.00 paid from the Self-Insurance Liability Fund.
BACKGROUND INFORMATION:
Plaintiffs L. Payne, a subcontractor, and Valemas, Inc., contractor, are seeking damages for delays that occurred when working on the Clark Street construction project. The parties have reached a mutual agreement to settle all claims for the amount of $295,000.00 payable from the Self-Insurance Liability Fund.
ISSUE:
Settlements over $50,000 require City Council approval.
ALTERNATIVES:
If this settlement is not approved by the City Council, this case will proceed to a jury trial. It is in the best interest of the City to settle this matter to avoid the uncertainties and risks associated with litigation in a case of disputed liability and damages.
FISCAL IMPACT:
If approved, $295,000.00 will be paid to L Payne and their attorney of record. This will be funded in accordance with the Adopted FY2015 Liability Fund Budget.
RECOMMENDATION:
Staff recommends approval of this Ordinance.