City of Milwaukee - File #: 131295

• File #: 131295
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 12/17/2013
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 1/22/2014
• Title: Substitute resolution to approve settlement of the City of Milwaukee’s claims against Engberg Anderson, Inc., Simpson Gumpertz & Heger Inc., Lexington Insurance Company, Bloom Companies, LLC and Endurance American Specialty Insurance Company in the matter of City of Milwaukee v. Simpson, Gumpertz & Heger, Inc., et al.
• Sponsors: THE CHAIR
• Indexes: SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
1/28/2014	1	MAYOR	SIGNED
1/22/2014	1	COMMON COUNCIL
1/13/2014	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearing: Asst City Atty. Miriam Horwitz Budget Office - Mark Nicolini	Pass	4:1
1/9/2014	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
12/17/2013	0	COMMON COUNCIL	ASSIGNED TO

Number
131295
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to approve settlement of the City of Milwaukee’s claims against Engberg Anderson, Inc., Simpson Gumpertz & Heger Inc., Lexington Insurance Company, Bloom Companies, LLC and Endurance American Specialty Insurance Company in the matter of City of Milwaukee v. Simpson, Gumpertz & Heger, Inc., et al.
Analysis
This resolution authorizes the City Attorney to execute a Settlement Agreement and Release which settles the City of Milwaukee’s claims against Engberg Anderson, Inc., Simpson Gumpertz & Heger Inc., Lexington Insurance Company, Bloom Companies, LLC and Endurance American Specialty Insurance Company in the matter of City of Milwaukee v. Simpson, Gumpertz & Heger, Inc., et al, Milwaukee County Circuit Court Case No. 12 CV 004989 in exchange for a total payment of $7,995,000.00.
Body
Whereas, In regard to problems with the terra cotta restoration work which had been completed on the Milwaukee City Hall in 2008, the City filed suit on May 12, 2012 against Simpson, Gumpertz & Heger, Inc., Engberg Anderson, Inc., Bloom Companies, LLC and J. P. Cullen & Sons, Inc., along with numerous insurance companies that had issued policies of insurance to said companies; and

Whereas, The City has settled its claims against J. P. Cullen & Sons, Inc. by entering into a Settlement Agreement and Repair Contract pursuant to resolution in file number 130163 for a contract price of $6,707,000; and

Whereas, The current settlement, if approved would substantially compensate the City for the expenses and damages asserted in the current litigation; and

Whereas, The City Attorney recommends settlement as in the best interests of the City considering the expense, delay and uncertainty of continued litigation, now, therefore, be it

Resolved,That the City Attorney is authorized to execute a Settlement Agreement and Release and other documents, and to take such action as the City Attorney d...