Title
Request to approve settlement of Myers & Sons Construction, L.P. v. City of Colorado Springs, District Court, El Paso County, Colorado, Case No. 2020CV31791.
Presenter:
Wynetta Massey, City Attorney
Body
Summary:
The City Attorney has negotiated a litigation settlement in excess of $100,000.00. Myers & Sons Construction, LP alleges that Colorado Springs Utilities breached a construction contract during the COVID pandemic. Colorado Springs Utilities countersued and filed a counterclaim for breach of contract against Myers & Sons. The parties have reached a tentative settlement of the claim and counterclaim, subject to City Council approval pursuant to City Code section 1.5.506 (B).
Background:
The latest City Attorney quarterly report update on this case is attached.
Previous Council Action:
N/A
Financial Implications:
There are sufficient appropriated funds to pay this settlement.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
N/A
Recommended Action
Proposed Motion:
Move approval of the $10,000,000.00 settlement amount in Myers & Sons Construction, L.P. v. City of Colorado Springs, El Paso County, Colorado District Court Case No. 2020CV31791.
Summary of Ordinance Language
N/A