HomeMy WebLinkAboutCCUA-BBI re Timeline of Events Handout
CLAY COUNTY UTILITY AUTHORITY ADV. BBI CONSTRUCTION MANAGEMENT
TIMELINE OF EVENTS
June 21, 2018: Uplift event occurs.
September 2018: Bachara Construction Law Group engaged to provide legal counsel.
October 31, 2018: CCUA's failure to provide Builder's Risk Insurance is raised.
November 15, 2018: Preliminary mediation conference held with mediator. BBI says it is too
early to discuss settlement. Refuses to schedule mediation.
March 2019: CCUA letter to mediator states CCUA would agree to pay one-half of the
cost to repair the tank. BBI again refuses to proceed to mediation.
June 18, 2019: BBI sues CCUA alleging breach of contract, fraud, and misrepresentation.
July 2019: CCUA renews its request for formal mediation.
September 2019: CCUA provides BBI and surety notice of intention to demolish tank floor
to avoid spoliation defense. BBI seeks motion for protective order and asks
court to require CCUA to refrain from making repairs.
October 2019: BBI claims of fraud and misrepresentation are dismissed at hearing on
CCUA's Motion to Dismiss.
October 2019: BBI's motion to delay tank repairs is denied.
November 2019: CROM files motion to disqualify BBI's counsel due to conflict of interest.
Jan/Feb/Mar 2020: Depositions proceed with regard to disqualification sought by CROM.
March 2020: Courts shutdown due to COVID,but parties proceed with discovery relating
to efforts to disqualify D. Worthy.
January 19, 2021: Hearing on Motion for Disqualification results in disqualification of D.
Worthy.
August 12, 2021: Formal mediation occurs. Throughout mediation, BBI demands payment
from CCUA.
January 2022
through April 2023: Depositions proceed in preparation for trial.
April 5, 2023: Second formal mediation. Initial demand by BBI seeks payment from
CCUA in the amount of$775,000. Eventually, BBI offers to pay $300,000
at this mediation.
April 25, 2023: Following impasse at mediation, parties proceed with trial preparation.
June 27, 2023: BBI offers to pay CCUA$400,000 to settle the case.
July 11, 2023: At hearing on BBI's Motion for Summary Judgment, Court indicates
likelihood of ruling eliminating CCUA's claim for damages of $570,000
plus interest since 2019, due to CCUA's failure to obtain builder's risk
insurance policy.
July 12, 2023: CCUA secures renewed offer to settle with BBI paying $400,000 to CCUA
and CCUA keeping the $142,000 contract balance.