Agenda 11/08/2022 Item #16K 3 (Status Update for the litigation v. Mammoth Constrctors, LLC)11/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Status Update for the litigation styled Collier County v. Mammoth
Constructors, LLC, (Case No. 2021-CA-000132) now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, and authorize the necessary budget amendment.
OBJECTIVE: To update the Board on current litigation with Mammoth Constructors.
CONSIDERATIONS: On January 12, 2021, the Board authorized the County Attorney's Office to file a civil
action to recover damages against Mammoth Constructors and any other parties determined to be liable in
connection with damage to a Collier County force main during work on Federal Project ID 433173-1-52-01.
Mammoth Constructors was drilling a shaft for the foundation of a new signal mast on the northwest comer of
Davis Boulevard and County Bam Road when it struck a County 24" wastewater force main causing significant
damage and a release of raw sewage.
The County Attorney's Office is working with outside counsel, Carlton Fields, to recover damages of $654,562. To
date, the County has incurred approximately $280,000 in attorney's fees. Despite on -going settlement negotiations,
this case is not likely to settle and is set for trial in January 2023. The County served an Offer of Judgment
(settlement offer) on June 14, 2022; this proposal was refused by Mammoth, however this proposal will entitle the
County to recover its attorney's fees and costs from the date of filing. The County's expenditures prior to June 14'
were approximately $150,000. Fees and costs going forward from the date the proposal for settlement was served
are recoverable from Mammoth if the County obtains a judgment for 25% more than the amount of the proposal for
settlement. Given the posture of the case, the County has a good faith belief that it will prevail at trial. In the event
that County does not prevail at trial, the County's exposure becomes much greater given the anticipated cost of
trying this case is approximately $250,000.
The County Attorney supports proceeding with trial in this matter to provide notice to contractors that the County
will seek to recover its full damages from contractors who cause material damage to County property. It is the
further opinion of the County Attorney that failure to prosecute this matter to the end will likely result in far greater
costs to the County in the long run as without a reputation that we are serious there would be no incentive for
contractors to quickly settle.
FISCAL IMPACT: The County has incurred approximately $280,000 in attorney's fees to date. The anticipated
cost of jury trial is approximately $250,000. If the County should prevail at the trial, expenses incurred over
$150,000 are recoverable under the Offer of Judgment. A budget amendment in the amount of $145,000 is needed
to reallocate funds to project 7105 8 in Wastewater User Fee Capital Fund (414).
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. - JAK
RECOMMENDATION: To approve the Status Update for the litigation styled Collier County v. Mammoth
Constructors, LLC (Case No. 2021 -CA-000 13 2) now pending in the Circuit Court of the Twentieth Judicial Circuit
in and for Collier County, Florida and authorize the necessary budget amendment.
I Packet Pg. 1693
11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doe ID: 23783
Item Summary: Recommendation to approve a Status Update for the litigation styled Collier County v. Mammoth
Constructors, LLC, (Case No. 2021 -CA-000 132) now pending in the Circuit Court of the Twentieth Judicial Circuit
in and for Collier County, Florida, and authorize the necessary budget amendment.
Meeting Date: 11/08/2022
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
10/31/2022 1:39 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
10/31/2022 1:39 PM
Approved By:
Review:
Public Utilities Planning and Project Management Matthew McLean
Public Utilities Operations Support
Public Utilities Department
Public Utilities Operations Support
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Katrina Lin
Additional Reviewer
AmiaMarie Curry
Level 2 Division Administrator Review
AmiaMarie Curry
Additional Reviewer
Colleen Greene
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Christopher Johnson Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Dan Rodriguez
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
11 /0 1 /2022 11:53 AM
Completed
11/01/2022 12:44 PM
Completed
11/01/2022 3:18 PM
Completed
11/01/2022 3:18 PM
Completed
11/02/2022 9:13 AM
Completed
11/02/2022 9:23 AM
Completed
11 /02/2022 9:30 AM
Completed
11/02/2022 9:53 AM
Completed
11 /02/2022 11:10 AM
11 /08/2022 9: 00 AM
I Packet Pg. 1694 1