Number
091182
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to approve the settlement agreement in the matter of Terra Engineering & Construction Corp. v. City of Milwauke.
Analysis
This resolution authorizes settlement of litigation pending in the Circuit Court for Milwaukee
County, State of Wisconsin, entitled Terra Engineering & Construction Corp. v. City of
Milwaukee, Milwaukee County Circuit Court Case Number 06-C-1133, in the amount of Twenty
Thousand and no/100 Dollars ($20,000) for all damages of any nature, including contract and
consequential damages, lost profits or other economic damages, interest, attorneys fees and costs, and any other claim for damages that could be brought concerning the subject matter of the
litigation.
Body
Whereas, The City of Milwaukee filed suit against Terra Engineering & Construction Corp. and
its insurance company, CNA Insurance, and against Camp, Dresser & McKee, Inc. in Milwaukee
County Circuit Court, Case No. 06-C-1133 alleging breach of contract and warranty, and Terra
Engineering & Construction Corp. filed a counterclaim against the City of Milwaukee alleging
the City had breached the contract by refusing to pay retained percentages; and
Whereas, All parties answered denying any breach of contract or wrongful conduct; and
Whereas, The City received a settlement in the sum of $200,000 from CNA Insurance in the
above referenced suit which settlement is referenced in Common Council File No. 071691, and
as part of the settlement, the City assigned its claim against Camp, Dresser & McKee to CNA;
however, Terra Engineering & Construction Corp. continued its counterclaim for retained
percentages against the City of Milwaukee; and
Whereas, Terra Engineering & Construction Corp. has agreed to settle its counterclaim in the
amount of Twenty Thousand and no/100 Dollars ($20,000), for all damages, interest, attorney
fees, costs, or other claims for damages of any nature that could have been brought, as set for the
in the attached proposed Settlement Agreement and Mutual Release; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City Attorney be and
hereby is authorized to execute the attached Settlement Agreement and Mutual Release, and such
further documents as may be necessary and related thereto; and, be it
Further Resolved, That upon execution of the Settlement Agreement and Mutual Release, in a form approved by the City Attorney, the proper City officers be and hereby are authorized and directed to issue a City check in the amount of $20,000 to Terra Engineering & Construction Corp; and, be it
Further Resolved, That these funds shall be charged to the Damages and Claims Fund,
Account No. 0001 1490 636506 2631 S118.
Requestor
City Attorney
Drafter
MRH:
January 4, 2010
1047-2006-447:153434