Monday, February 15, 2016

On tomorrow's (2/16) City Commission agenda in the little City of Lake Worth: Item 12A, pages 88 and 89

Declare REG Architects, Inc., The Morganti Group, Inc., and The Insurance Company of the State of Pennsylvania in default.
For the Lake Worth City Commission agenda use this link. Scroll down for the link to the agenda; once there proceed to pp. 88 and 89. Here are two excerpts:
     In June 2010, the City entered a professional services agreement with REG Architects, Inc. (REG) to design the new Casino Building. In November 2010 (and as amended in June 2011), the City entered into a construction agreement with The Morganti Group, Inc. (Morganti) to construct the new Casino Building. Morganti secured a Public Construction Bond for its work with The Insurance Company of the State of Pennsylvania (Surety).
     During construction, the City notified REG and Morganti of various issues occurring at the Casino Building including, but not limited to, water intrusion through and/or around the doors on the second story (east elevation); water pooling on the second story deck; and, rusting surfaces. While some efforts were made to correct these issues, the City continued to experience the same and additional issues at the Casino.
[and. . .]
     The City along with Mr. Kennedy* have worked for an extended period of time with representatives of REG and Morganti in an effort to resolve the issues without litigation. Since the tolling agreement expired in January 2016; REG and Morganti appear non-responsive to the City; and, the uncorrected issues with the Casino are a breach of REG’s, Morganti’s and the Surety’s respective contracts/bonds, Mr. Kennedy recommends placing REG, Morganti and the Surety in default and proceeding with litigation without further delay. The City Attorney concurs with this recommendation. If REG, Morganti and the Surety are declared in default, Mr. Kennedy and the City Attorney will notify them of the same and immediately proceed with filing a lawsuit. MOTION: I move to declare REG Architects, Inc., The Morganti Group, Inc., and The Insurance Company of the State of Pennsylvania in default. 
*The City of Lake Worth retained construction attorney Michael Kennedy of Ciklin, Lubitz, Martens & O’Connell, P.A.

No comments: