HomeMy WebLinkAboutVI (I) Discussion/ Action re: Selection of Special Counsel for Construction Litigation AHAII,A 6-0 7-17
FOLEY & LARDNER ' t obi VIATTORNEY5 AT LA ao
CHICAGO POST OFFICE SOX 2193 SAN DIEGO
JACKSONVILLE ORLANDO. FLORIDA 32802-2193 SAN FRANCISCO
LOS ANGELES 111 NORTH ORANGE AVENUE. SUITE 1800 TALLAHASSEE
MADISON ORLANDO. FLORIDA 32801-2386 TAMPA
MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C.
SACRAMENTO FACSIMILE(4071648-1743 WEST PALM BEACH
WRITER'S DIRECT LINE
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: May 30, 1997
RE: Special Counsel for City Hall and Police Department Construction Litigation
At the May 20 City Commission meeting, the City Commission received a report
from Cassidy Construction and Management, Inc. on the results of their investigation into the
siding and settlement problems at City Hall and the Police Department. The report presented
their conclusions regarding responsibility for certain problems which have arisen and concluded
that the general contractor, Huber Design & Constniction, Inc. and the architect, CT Hsu &
Associates, were responsible for certain of the problems which have arisen. As a result of this
report, it now appears that the City will need to enter into negotiations and possible litigation
with the general contractor and architect.
Great American Insurance Company is the surety for Huber Design &
Construction, Inc. By letter dated January 17, 1997 to Huber Design and Great American, they
were placed on notice of potential claims. As I have previously advised the City, Foley &
Lardner currently represents Great American in pending cases. As a result, we are not in a
position to represent the City in pursuing any claims against Huber Design and Great American.
It is our recommendation that special counsel be retained by the City in connection with any
future representation regarding claims associated with City Hall and the Police Department
buildings.
In coordination with Commissioner Scott Glass, two candidates are presented to
the City Commission for your consideration. They arc as follows:
(1) Bull and Associates, P.A. Stephen M. Bull would he the primary contact
responsible for the representation.
ESTABLISHED 1802
A Murex of GIoRAI cx wrr mrmnrx oar_u IN Bo-urv, BRUSSELS DRESDEN, FRArvEEBE' LoNDELL Palos,S NaLERo.,Siom.a AND Imo
(2) Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Richards H.
Ford. Russell F. Bergin would be the primary contacts responsible for the
representation. Mr. Bergin currently serves as Ocoee's Police Legal Advisor.
Attached is a letter of interest from Mr. Bull which includes his resume. Hourly
rates would be the same as those currently charged by this firm (i.e., $175 per hour for Mr.
Bull). Also attached is a letter of interest from Mr. Bergin which includes the resumes of Mr.
Fords and Mr. Bergin. Hourly rates are proposed at $175 for partners, $150 for associates and
$65 for paralegal. These are comparable to the rates currently paid to Foley &Lardner. Under
separate cover, I will provide you with the letter of interest from Mr. Bull.
Both firms have been presented with information regarding potential adverse
parties so as to assure that no conflict arises.
It is recommended that the City Commission consider this matter and select
special legal counsel to represent the City in connection with any claims arising out of the design
and constnrotion of the City Hall and Police Department buildings.
cc: Mr. Ellis Shapiro
Encl.
WI.,I JxmcSorOG..NIA115P4147.100Y IRiEah
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BULL AND ASSOCIATES, P.A.
A'IIDFFers AND COUNSELORS A LAW
STEPHEN M. BULL Telephone(407)843-5291 III NORTH ORANGE AVENUE
MARIO ROMERO lelecopier(41/7)843-4920 SUITE I700
ORLANDO.FLORIDA 32801
RECHH May 30, 1997 •
D
MAY 3 0 1997
Via Hand_Delivery
FOLEY & LAkUr,,.
Paul Rosenthal, Esquire
Foley & Lardner, P.A.
111 North Orange Avenue, 18th Floor
Orlando, Florida 32801
Re: City of Ocoee City Hall Project
Dear Paul:
I am pleased to be considered to represent the City of Ocoee as special counsel concerning
the Ocoee City Hall project. I have enclosed a copy of my Curriculum Vitae showing my
experience in construction law. For the majority of my law practice for the past 23 years I have
represented owners, architects, engineers, surveyors, contractors, subcontractors and sureties in
construction disputes across the State of Florida. I have acted as special counsel for construction
disputes for a number of cities, including the City of Key West, The City of Okeechobee, and the
City of Winter Haven. I have represented parties to construction disputes on over 500 projects
in Florida and the Southeast. I have also represented parties on construction disputes on several
municipal and judicial complexes.
I have cleared any conflicts for the Ocoee project and I am agreeable to following the fee
schedule currently being charged the City by your firm. I welcome the opportunity to be of
service to the City of Ocoee in this matter. If any additional information is needed, please do not
hesitate to so advise.
Very truly yours,
%enll
SMB/dg
Enclosure
cc w/enc.: Scott Glass, Esquire
BULL AND ASSOCIATES, P.A.
ATTORNEYS AND COUNSELORS AT LAW
STEPHEN M.BULL Telephone(407)843-5291 III NORTH ORANGE AVENUE
MARIO ROMERO Telecopier(407)843-4920 SUITE 1700
ORLANDO,FLORIDA 32801
CURRICULUM VITAE
of
STEPHEN M. BULL
I graduated from the University of Florida with a B.S. in Mechanical Engineering in 1968
and with a law degree in 1973. Prior to law school, I worked as a facilities engineer (mainly
piping design) for Pratt and Whitney Aircraft Company in West Palm Beach, a project engineer
for E.I. duPont deNemours in Richmond, Virginia, and a co-op engineer in the Mechanical
Engineering Department of the Georgia Power Company in Atlanta, Georgia.
After law school, I served as inhouse counsel for a consulting environmental engineering
firm, Black Crow and Eidsness, Inc. (now known as CH2M HILL Southeast, Inc.) in Gainesville,
Florida. In 1976, I moved to Orlando to enter the private practice of law concentrating in
construction law representing owners, architects, engineers, sureties, insurers, contractors,
subcontractors, and suppliers. I have been involved in construction disputes all over the State of
Florida from Key West to Pensacola on projects such as courthouses, municipal complexes, civic
centers, highways, bridges, airports, water and wastewater treatment plants, plumbing systems,
gravity sewerage systems, storm drainage, high pressure transmission mains, hazardous waste
sites, spray irrigation sites, solid waste facilities, landfills, schools, churches, hospitals, industrial
facilities, defense facilities, hotels, malls and office complexes.
In the general insurance area, I have represented defendants on personal injury and
property damage cases involving damages from high voltage switchgear and underground lines,
ultra light aircraft, fire extinguishers, fire sprinkler systems, slip and falls, termiticide, termite
damage, PCE contamination, premises liability, road construction accidents, auto accidents, train
accidents, all terrain vehicles, industrial machinery, tie-down clamps, roof collapses, and indoor
air quality contamination. In the personal injury and property damage cases, I have tended to
gravitate toward those cases involving complex technical issues due to my mechanical engineering
background.
Our firm is somewhat unique in view of its attorneys' technical backgrounds: my
undergraduate degree is in mechanical engineering; and Mario Romero has an undergraduate
degree in electrical engineering.
I have represented parties involved in legal disputes in over 500 construction projects
throughout Florida and the southeast. Since I moved to Orlando in 1976, I have continued to
concentrate my practice in insurance defense and construction law. I have been active on various
committees of The Florida Bar and American Bar Association dealing with construction and surety
law. I am an approved attorney for the Attorney's Title Insurance Fund for real property title and
conveyance matters. I am presently serving on the National Panel of Construction Arbitrators for
the American Arbitration Association. In 1993, I was the recipient of the American Arbitration
Association's Distinguished Service Award. I served as a Board Member on the City of Orlando
Historic Preservation Commission from 1983-1985. I am also active in several professional
groups such as the Florida Defense Lawyers Association, Associated General Contractors of
America, Associated Builders and Contractors, and the Florida Engineering Society, having
served as Chairman of the Legislative and Governmental Affairs Committee of the Central Florida
Chapter for the past three years.
STEPHEN M. BULL
PRESENTATIONS AND PAPERS
Presentations:
4/17/97: Orlando - National Business Institute
"Advanced Construction Law - Contract Clauses and Delay Claims"
2/28/97: Orlando - CLE International
"Construction Law Conference"
1/9/97: Orlando - Orange County Bar Association Committee on Business Law
"Construction Law for Business Attorneys"
9/11/96: Orlando - AGC
"Individual Liability of Contractors for Workplace Injuries"
9/9/96: Melbourne - Florida Institute of Technology
Department of Mechanical Engineering
"Liability Concerns of Mechanical Engineers"
7/8/96: Orlando - AGC
"Construction Law"
3/20/96: Gainesville - University of Florida Law School
"Use of Experts in Construction Cases"
2/28/96: Orlando - American Society of Plumbing Engineers
"Construction Claims"
10/5/95: Orlando - Florida Society of Professional Land Surveyors
"Claims Against Surveyors"
1/21/94: Orlando - Lorman Education Services
"Construction Liens in Florida "
11/5/93: Las Vegas - Professional Development Conference
"Liability from the Operator to the CEO"
7/21/93: Orlando - Florida Society of Professional Land Surveyors
"Claims Involving Land Surveyors"
5/21/93: Orlando - VOSC - Invited Attorneys' Conference
Panelist - Mock Mediation of a Construction Dispute
3/93: Orlando - AGC
"Construction Law"
11/12/92: Gainesville - University of Florida Law School
"Engineering Aspects of Product Liability"
12/12/91 Orlando - American Arbitration Association
"Advanced Arbitration Training"
2/1/91: Orlando - Florida Institute of Consulting Engineers
"Choices for Dispute Resolution"
9/26/89: Orlando - American Society of Plumbing Engineers
"Construction Claims"
5/18/89: Tampa - Florida Engineering Society
"Claims Avoidance"
11/10/88 Tampa - AGC
"Construction Contracts"
2/88: Miami - American Society of Landscape Architects
"Reducing Liability in Professional Practice"
2/86: Miami - American Society of Landscape Architects
"Design and Construction Claims against Landscape Architects"
5/9/85: Savannah - VOSC - Invited Attorneys' Conference
"Statutes of Limitation for Design Professionals - Review and Update"
5/25/84: Tampa - Fla. Bar CLE - Construction Contract Litigation VIII
"In Defense of the Design Professional"
Orlando - American Society of Agricultural Engineers
"Minimizing Professional Hazards"
Orlando - American Society of Landscape Architects
"Design and Construction Claims against Landscape Architects"
New Port Beach, CA - Boyle Engineering Corp. Annual Meeting
"Claims Against Engineers"
Atlanta - CH2M Hill Project Managers Meeting
"Liability of Engineers"
Papers:
National Business Institute 4/17/97
"Advanced Construction Law - Contract Clauses"
CLE International Construction Committee Conference 2/28/97
"Construction Law - From Contract to Chain of Liability -
Owners and Sureties - Recent Case Developments"
Florida Engineering Society Journal 4/94
"Dodging Bullets or Boomerangs - The Economic Loss Rule"
1/21/94 "Construction Liens in Florida"
Lorman Education Services
Florida Engineering Society Journal 11/85
"Professional Liability - Recent Case Developments"
5/9/88 VOSC - Invited Attomey's Conference
"Statute of Limitation for Design Professionals - Review and Update"
5/25/84 - Florida Bar CLE - Construction Contract Litigation VIII
"In Defense of the Design Professional"
Journal of American Society of Agricultural Engineers
"Minimizing Professional Hazards"
"Voidable Preference : Surety's Dilemma Contest Over Stored Materials"
Westfield 4th Annual Bond Claim Seminar
Florida Engineering Society Journal 1/81
"What Liability after 15 Years?"
Awards
American Arbitration Association
Distinguished Service Award 1993
LAW OFFICES
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McCoy, GaAn•ar & Fenn, P.A.
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EBLV
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(30SI 4464930 (407)843-3939
TELECOPIER(305)491.17¢E3506
P-O'
WEST PALM BEACH.
FLOP.3LO41DA 33603
TELECOPIER(A070849A116 fsen OB0-3BW
PORT LIID3 ineas OPnB TELECOPIER(se 0689.92p4
sonnet(BANK PLAZA,S'FLOOR
ONE EAST BR9WARD BOULEVARD SA#PA conga
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TELEm✓ILR(9S411SO-9353 0913)2 22-3939
TELECOPIER C8131222.393S
May 30, 1997
Paul E. Rosenthal, Esq.
Foley & Lardner
111 North Orange Avenue, Suite 1800
Orlando, Florida 32801-2386
RE: Russell F. Bergin - General File
Our File No. : 33958-5
Dear Mr. Rosenthal:
As we have discussed, please find enclosed the resume of Wicker, Smith's Managing
Farmer, Richards H. Ford and a copy of my resume for your review. Mr. Ford is the
Managing Partner of Wicker, Smith's Orlando office. As you are aware, I currently have the
privilege to serve as the counsel to the City of Ocoee Police Department.
Currently, approximately 50% of my time is spent litigating construction matters. As
I discussed with Mr. Shapiro, I received a Bachelors of Building Construction from the
University of Florida. Currently, I am litigating a multi-million dollar construction case in
which Kathleen Maloney of your firm, is representing the Plaintiff. Although we are
adversaries in that action, I believe Ms. Maloney can well inform you of my ability to litigate
construction matters. Additionally, through the City of Ocoee Police Department's insurance
carriers, I have had the opportunity and privilege to represent the City of Ocoee during two
federal lawsuits. Peggy Psaledakis, Ellis Shapiro, Chief Robert Marks, and the other
employees of the City of Ocoee I dealt with can attest to my firm's representation in these
matters.
We appreciate the opportunity to be considered to represent the City in the litigation the
City intends to bring regarding the construction of City Hall and the Police Headquarters. The
deteriorating condition of these recently constructed buildings compels the City to protect their
taxpayers and seek the cost of repairs from the responsible parties.
/./6 i9VA E61I4-BEB'OI L3N021tl1 ONO E3TOi--WOHd 06 LI As-on-Row
Paul E. Rosenthal
May 30, 1997
Page 2
Should the City of Ocoee choose our firm to represent their interests in this matter. our
fees will be $175 for partners and $150 per hour for my time as an associate. Paralegal
support will be billed at $65 per hour.
Should you have any questions or concerns, please contact me at your earliest
convenience. I appreciate being considered in this matter and look forward to hearing from
you.
Very truly yours,
gin
Russell F. Bergin
muso51
. .. c.,. raacn.nr Hswnwvi n ai c wv noawona me- ai e-me-nvw
RICHARDS H. FORD
390 North Orange Avenue, Suite 7000, Oflondo, Florida 32801 407843-3939
PERSONAL: Married, two children
Daze of birth_ June 27, 1954
CERTIFICATIONS: Board Certified Civil Thal Lawyer- The Florida Bat
AV rated Martivdale.Hubbell
EDUCATION: BOSTON UNIVERSITY SCHOOL OF LAW
luru Doctor,May 1979 Barren,MA
INFVEliaF It OF FLORIDA Gainesville,FL
Bachelor of Arts(With Honors),August 1976
Major:
le Fglmeal Science
is Eastern European Studies
I037GSI1NIVERSIlEP1'TE UTRECHT The Netherlands
Comprehensive Dutch language and History cn,M. 1974-1975
NATIONAL COLLEGE OF DISTRICT ATTORNEYS
Instructor,Career Prosecutor Course,July 1982 Houston, TX
NATIONAL COLLEGE OF DISTRICT ATTORNEYS
Student, Career Prosecutor Course,July 1981 Houston 7X
PROFESSIONAL
EXPERIENCE: WICKER, SMITH, TITAN, O'HARA,
McCOY, GRAHAM& FORD, P.A. Orlando, FL
Resident Managing Partner
panic adon am November 1988-Present
W Preparation in the defense of individuals attorney
large corporate defendants to
complex civil !ideation. Experience as lad or sole attorney in overcivil
including vials involving construction litigation, sixty jury trials.
to mrdlra.I Administrce,ation
on ofc13 liability, land malpractice,general negligence,and automobile liability. Admhsimadoo of 13 attorneys and additional staff.
WICKER, SMITH, TITAN, O'HARA,
McCOY, GRAHAM&LANE, P.A.
Partner Miami, FL
August 1985-November 1988
RICHEY&MUNROE Miami, FL
Associate
February 1985-August 1985
Representation of imernadoaal banking corpotadons in RICO and civil fraud I'vigasion.
WICKER, SMITH, BLOMQVJSI, TITAN, O'HARA
McCOY, GRAHAM &LANE, P.A.
ASJQel0te Miami. FL
October 1983-February 1985
STATE ATTORNEY'S OFFICE
Division Chief and Thal Am Miami, FL
Supervision of four avo Februaryoverfifty y be - trials,
bet ir83
rnurd and major vile practice. Pam<ryadon in over bench trials,Thirty-
five jury trials,and six murder trials as sole prosecutor_
ALBURY, MORGAN&HENDRICKS Key West, FL
Clerk/Associate July 1979-February 1980
/./G i9XA Pt/A.RW=1;M M�NOMtl"r maw iilOJ�Wr1Na Pb.Z, /C_av_i,fw
RUSSELL F. BERGIN
•
390 Nara Orange Amine,State 2000,Oriaub,Florida 32801 407843-3939
PERSONAL- Masrie4 two children
Date of hint September 20, 1963
EDUCATION.- STETSON UNIVERSITY COLLEGE OF LAW St, Petersburg,FL
Antis Doctor,Dccembei, 1990
Soasun Law Review
UNIVERSITY OF FLORIDA Gainesville FL
Bachelor of Science, May, 1981
Major: Building Corawaion
Student Body Vice-Ptcsidem-University of Florida 19M-1987
PROFESSIONAL
EXPERIENCE: WICKER, SMITH, TUTAN, O'HARA,
McCOY, GRAHAM&FORD, P.A. Orlando, FL
Associate November 1993-Present
Participation and preparation in the defense of individuals and large corporate
defendants in complex civil litigation. Current case load involves litigation in
approximately 50%construction litigation and 20%municipal litigation Current legal
advisor to the City of Ocoee Police Department Experience in civil trials involving
construction litigation, medical malpractice, general negligence, and false arrest.
STATE ATTORNEY'S OFFICE Orlando, FL
Felony Thal Attorney February 1991 -November 1993
Major trial practice including over 60 iury trials. Was awarded Mothers Against Drunk
Drivers Prosecutor of the Year award in 1991-
ROGERS& FORD CONSTRUCTION CORPORATION Boca Rayon, FL
Structural Estimator 1987-1988
Worked as a Structural Estimator on major construction projects prior w attending law
school. Applied undergraduate Building Construction degree. Responsibilities included
wviewing per,specifications and preparing estimates for multi-million dollar commercial
and family construction projects
BAR
MEMBERSHIP: Federal, Middle District of Florida