Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Hernando commission to consider channel dredging settlement

BROOKSVILLE — The Hernando County Commission on Tuesday will consider a partial settlement of the lawsuit filed by the first dredging contractor on the Hernando Beach channel project. Then, the county plans to target the engineering firm it hired for the job.

The county will have to pay a significant amount up front, with the hope of receiving a larger sum of money at the end of the process, according to backup material provided commissioners for their Tuesday meeting.

Two years ago, Orion Dredging Services LLC sued Hernando County after the county terminated Orion's contract because the firm couldn't complete the dredge.

At the time of the lawsuit, Orion blamed the engineer of record, Halcrow Inc., for drawing up a defective dredging plan.

Since that time, the suit has grown increasingly more complex, with Orion's de-watering subcontractor, Harvey-Taddeo Inc., and the bonding companies for Orion, Harvey-Taddeo and Halcrow all becoming parties in the action.

The settlement that commissioners will consider first requires the county to acknowledge that it owes Orion at least $4.4 million, then agree to pay Orion $1.7 million, which it will divide with Harvey-Taddeo.

After that, the county, Orion, Harvey-Taddeo and the bonding companies will all agree to release their legal claims against one another.

The county will continue the legal case against Halcrow, which designed the failed first dredging attempt.

Legal representation for the county at that point would be taken over by the same firm used by Harvey-Taddeo — Vezina, Lawrence & Piscitelli. The county would pay the firm half of its regular billing rate and 50 percent of whatever the firm recovers over $1.7 million.

In addition, all of the work product developed by the attorneys for Orion and Harvey-Taddeo would be turned over to the county. Those materials, gathered during the preparations for arguing their cases, are worth approximately $750,000.

Vezina, Lawrence & Piscitelli will file a motion seeking to amend the county's pleadings in the case to refocus the suit solely against Halcrow.

The county would then seek to recover damages, including the amount it paid Halcrow, which was approximately $2.5 million; the amount the county will have had to pay Orion to end its portion of the suit, which is $1.7 million; the full damages that could have been claimed by the county, $4.4 million; and all of the costs incurred on the project "which would not have been incurred but for the default, breach of contract, negligence and or professional malpractice of Halcrow.''

That amount has not yet been determined.

Barbara Behrendt can be reached at behrendt@tampabay.com or (352) 848-1434.

Hernando commission to consider channel dredging settlement 11/09/12 [Last modified: Friday, November 9, 2012 8:24pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Senator: American student arrested in China has been freed

    World

    BILLINGS, Mont. — Chinese authorities have dropped charges against an American college student who was arrested and detained in the a week ago after reportedly injuring a taxi driver who was roughing up his mother in a fare dispute, a U.S. lawmaker said Sunday.

    Guthrie McLean was detained for reportedly injuring a taxi driver after the driver physically attacked McLean’s mother.
  2. Tampa-based makeup artist disqualified from contest over pro-Trump post

    News

    WICHITA, Kan. — A makeup artist who splits her time between Tampa and Kansas says she won a national contest sponsored by Kat Von D Beauty but was later disqualified because of an Instagram post supporting Donald Trump's presidential candidacy.

    Gypsy Freeman won the contest with this image posted to Instagram. [@facesofgypsy on Instagram]
  3. Flesh-eating bacteria nearly kills Florida man who thought he just had blisters from a hike

    Health

    Wayne Atkins thought little of the blisters he had gotten while hiking. He was trekking up and down the 4,500-foot-high Mount Garfield in New Hampshire - a 10-mile round trip - and blisters were no surprise.

    Wayne Atkins thought his blisters were from hiking, but the flesh eating bacteria nearly killed him. [YouTube]
  4. Yes, again: Rays blow late two-run lead, get swept by Rangers (w/video)

    The Heater

    ST. PETERSBURG — As weekends go, this was a bad one for the Rays. In a word: brutal.

    Tampa Bay Rays relief pitcher Brad Boxberger, foreground, reacts after giving up a home run to Texas Rangers' Carlos Gomez during the eighth inning of a baseball game Sunday, July 23, 2017, in St. Petersburg, Fla. (AP Photo/Mike Carlson) FLMC116
  5. White House offers muddled message on Russia sanctions legislation

    National

    WASHINGTON - White House press secretary Sarah Huckabee Sanders said Sunday that the Trump administration supports new legislation to punish Russia for its meddling in the 2016 presidential election and its aggression toward Ukraine.

    President Donald Trump at the commissioning ceremony for the USS Gerald R. Ford  at Naval Station Norfolk in Virginia, July 22, 2017. [New York Times]