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Chen Moore RFQ 16-06-02
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Chen Moore RFQ 16-06-02
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9-9 <br />19.3 Litigation Information <br />In today’s litigious society, businesses are constantly confronted with civil claims and Chen Moore and <br />Associates has not been spared that exposure. With respect to current/pending or past litigation/arbitration in <br />the last seven (7) years CMA has been involved in three cases which are explained in history detailed below. We <br />assert that this history (1) will have no material negative impact on CMA’s ability to execute this project, (2) does <br />not display an undesirable pattern of litigation with owners over construction matters and (3) does not have had <br />a claim against its bonding company in the last seven (7) years wherein the bonding company was required to <br />take over and complete the project or pay outstanding liens on the project. <br />We wish to reiterate that just because we are involved in litigation, it does not refl ect on our culpability in the <br />cases. In fact, we believe our full disclosure in these matters displays good faith. We welcome the Evaluation <br />Committee to review CMA and all other vendors for their willingness to disclose active and past cases by visiting <br />any of the respective Clerk of the Court Websites. As an example, the Miami-Dade County Civil, Family and <br />Probate Courts Online System (https://www2.miami-dadeclerk.com/ocs/?AspxAutoDetectCookieSupport=1) will <br />display all three cases listed below. <br />Case No: 11-30999 CA 02 in the 11th Circuit Court of Miami-Dade <br />Case Name: Steven I. Gunther vs. M. Vila Associates, City of Miami Beach, Chen and Associates Consulting <br />Engineers, Inc. <br />Date Filed: June 4, 2012 <br />Type of Case: civil <br />Claim or Cause of Action: Chen Moore and Associates is a co-defendant in a personal injury suit with one count <br />for negligence. <br />Brief Description: During a streetscaping project, the complaintant asserts that the plaintiff fell off their motor <br />scooter while driving through a construction zone. <br />Amount: more than $25,000; exact amount not known <br />Agencies Involved: 11th Circuit Court of Miami-Dade County, 175 NW 1st Avenue, Miami FL 33128; City of Miami <br />Beach Police Department, 1100 Washington Avenue Miami Beach, FL 33139 <br />Disposition of Case: closed <br />Opposing Counsel: David A. Hagen, P.A., Phone: 305.373.4200; hagen.esq@lawyer.com <br />In Gunther v. M. Vila, City of Miami Beach and CMA; Case Number 2011-030999-CA-01, the plaintiff asserted a <br />negligence action alleging that he was injured when he rode his scooter over a pothole in a crosswalk located <br />within the City of Miami Beach. The plaintiff alleged that the pothole was the result of defective construction of <br />the crosswalk and the failure to inspect the defective construction. M. Vila was the contractor that performed <br />the work and the City of Miami Beach retained the responsibility for safety inspections. CMA had no contractual <br />responsibility relating to the alleged defective work and inspection. CMA was improperly included as a <br />defendant and the case against CMA was dismissed. <br />Case No: 13-025280 CA-01 (05) <br />Case Name: Luis A. Nazario as Personal Representative of Estate of Miriam Cabrera v. M. Vila Associates, City of <br />Miami Beach, Metro Express, and Chen Moore & Associates <br />Date Filed: March 12, 2014 <br />Type of Case: Civil <br />Claim or Cause of Action: Chen Moore and Associates is a co-defendant in a wrongful death action with one <br />count of negligence <br />Brief Description: The complaint asserts that, during a streetscaping project, the defendant fell off the back of a <br />motorcycle while driving through a construction zone
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