Senate Bill 0030

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999        (NP)                        SB 30

    By Senator Campbell





    33-58-99

  1                      A bill to be entitled

  2         An act relating to the Board of Regents;

  3         providing for the relief of R.B. Gay; providing

  4         for an appropriation; providing an effective

  5         date.

  6

  7         WHEREAS, R.B. Gay and the Florida Board of Regents

  8  entered into a construction contract for renovations and

  9  repairs to the 70-year-old chemistry building known as Leigh

10  Hall located on the campus of the University of Florida, and

11         WHEREAS, there were more than 70 changes to the scope

12  of the work which were grouped into 14 Change Orders that

13  caused the original contract amount of $7,568,500 to be

14  increased to $8,986,620, and the date of substantial

15  completion to be extended from July 31, 1993, to January 30,

16  1994, and

17         WHEREAS, at the close of the project the Board of

18  Regents withheld $100,000 pending satisfactory completion of

19  painting of exterior wood window frames and withheld $212,350

20  in liquidated damages for delays, and

21         WHEREAS, R.B. Gay sought payment of costs for

22  additional work performed by R.B. Gay and its subcontractors,

23  payment of amounts approved by the Board of Regents and the

24  architect but not paid for by the Board of Regents, recovery

25  of liquidated damages for delays imposed by the Board of

26  Regents, damages incurred by R.B. Gay as a result of delays

27  caused by the University of Florida and its consultants, and

28  the cost of correcting the exterior wood window frame paint

29  problem, plus interest, attorney's fees, and costs, and

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    Florida Senate - 1999        (NP)                        SB 30
    33-58-99




  1         WHEREAS, after R.B. Gay and the Board of Regents were

  2  unable to resolve their disputes, R.B. Gay filed suit on

  3  October 31, 1994, and

  4         WHEREAS, the parties tried to settle the matter through

  5  formal mediation, but the Board of Regents was only able to

  6  offer $132,000, which was the balance of funds available in

  7  the fixed capital outlay appropriation for the project, and

  8         WHEREAS, the trial, which was originally set for March

  9  1997, was continued on the motion of the Board of Regents,

10  delaying the case for 11 months, and

11         WHEREAS, the case was ultimately tried at a 2-week

12  bench trial in Leon County, beginning February 9, 1998, and

13  concluding February 20, 1998, and

14         WHEREAS, the trial court awarded R.B. Gay a total

15  judgment of $577,411.77, NOW, THEREFORE,

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  The facts stated in the preamble to this

20  act are found and declared to be true.

21         Section 2.  The sum of $577,411.77 is appropriated out

22  of funds in the State Treasury to the credit of the Board of

23  Regents to be paid to R.B. Gay to satisfy the judgment of the

24  Leon County Circuit Court.

25         Section 3.  The Comptroller is directed to draw a

26  warrant in favor of R.B. Gay in the sum of $577,411.77 upon

27  funds in the State Treasury to the credit of the Board of

28  Regents, and the State Treasurer is directed to pay that

29  amount out of those funds.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 1999        (NP)                        SB 30
    33-58-99




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  2                          SENATE SUMMARY

  3    Provides for the relief of R.B. Gay to satisfy a judgment
      awarded against the Board of Regents in a contract
  4    dispute.

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