Agenda 06/14/2022 Item #16K6 (Settlement Offer to Mammoth Constructors, LLC)06/14/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the County Attorney’s Office to file an Offer of
Judgment (settlement offer) to Defendant Mammoth Constructors, LLC, in the lawsuit
styled Collier County Board of County Commissioners v. Mammoth Constructors, LLC,
(Case No. 2021-CA-000132-0001), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida.
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OBJECTIVE: To seek Board authorization to file an Offer of Judgment, pursuant to Florida
Statute 768.79, to Mammoth Constructors, LLC, to resolve the pending lawsuit.
CONSIDERATIONS: Collier County is engaged in a lawsuit with Mammoth Constructors
LLC, to recover $654,562.00 in costs to repair the County’s underground utility pipe damaged
by Mammoth at the northwest corner of Davis Boulevard and County Barn Road. The County is
also seeking pre-judgment interest on its damages, which currently is in excess of $150,000.00.
The County did not have a contract with Mammoth as Mammoth was working on the project as
an FDOT contractor, and there is no applicable statute under which the County can recover its
attorneys’ fees of this lawsuit.
The County has the option, however, to put attorneys’ fees at issue by serving a monetary
Proposal for Settlement (“PFS”) on Mammoth pursuant to section 768.79, Florida Statutes, and
Florida Rule of Civil Procedure 1.442. If Mammoth declines the County’s PFS and the County
obtains a judgment for 25% more than the amount of the PFS, then the County is entitled to
recover its reasonable attorneys’ fees incurred from the date the PFS was served. After
discussing this matter with the County’s outside counsel, Carlton Fields, the County Attorney
recommends serving a PFS on Mammoth for $480,000.00 as prudent at this time.
If Mammoth accepts this offer to pay the County $480,000 and limit its exposure at a jury trial,
Staff requests that the Board direct the County Attorney to prepare all documents and take
necessary steps to fully resolve the litigation. It is the County Attorney and Public Utilities
Department position that this Offer for Judgment is reasonable.
FISCAL IMPACT: If the Defendant accepts the PFS, Mammoth will pay to the County the
total amount of $480,000 to fully resolve this matter. Should Mammoth not accept the PFS, this
matter will proceed to mediation and ultimately trial. The County’s exposure is cost of litigation
which attorneys’ fees and costs may be recoverable depending on the jury verdict.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To approve and authorize the County Attorney’s Office to file an
Offer of Judgment (settlement offer) to Defendant Mammoth Constructors, LLC, in the lawsuit
styled Collier County Board of County Commissioners v. Mammoth Constructors, LLC, (Case
No. 2021-CA-000132-0001), now pending in the Circuit Court of the Twentieth Judicial Circuit
in and for Collier County, Florida.
PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney
Matthew McLean, Division Director, Public Utilities Engineering
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06/14/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 22513
Item Summary: Recommendation to approve and authorize the County Attorney’s Office to file
an Offer of Judgment (settlement offer) to Defendant Mammoth Constructors, LLC, in the lawsuit styled
Collier County Board of County Commissioners v. Mammoth Constructors, LLC, (Case No. 2021-CA-
000132-0001), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida.
Meeting Date: 06/14/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
06/08/2022 2:15 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/08/2022 2:15 PM
Approved By:
Review:
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/08/2022 2:16 PM
Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 06/08/2022 2:20 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/08/2022 2:30 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/08/2022 2:33 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/08/2022 2:55 PM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 06/08/2022 4:06 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/08/2022 4:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/14/2022 9:00 AM
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