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HEWETT-KIER CONSTRUCTION, INC. GENERAL CONTRACTORS <br /> (` <br /> GOVERNMENT CENTER, POLICE FACILITY & LIBRARY - <br /> FOR CITY OF SUNNY ISLES BEACH, FLORIDA <br /> REQUEST FOR QUALIFICATIONS — CSIB-98073000 <br /> EXPERIENCE QUESTIONNAIRE— SECTION `B', ITEM 58: <br /> HEWETT-ICIER CONSTRUCTION, INC. <br /> LAWSUITS/JUDGEMENTS <br /> LITIGATION <br /> A. Hewett-Kier Construction, Inc. was sued in federal court by L.B. Trucking and it's <br /> subcontractor, Dick Bums, for wrongful termination. L.B. Trucking was subcontracted to <br /> perform underground utility work on the National Hurricane Center. Hewett-Kier <br /> Construction, Inc. terminated their subcontract due to their delay in completing their work <br /> which was delaying the project. <br /> Hewett-Kier Construction, Inc. has settled with Dick Burns and L.B. Trucking. <br /> B. Hewett-Kier Construction, Inc. is currently being sued by West Dixie Enterprises, our <br /> electrical subcontractor on the Lake Forest Elementary School Project for the Broward County <br /> School Board. <br /> Hewett-Kier Construction, Inc. terminated this subcontractor due to their delays to the <br /> project and failure to properly man the project. Hewett-Kier Construction, Inc. is <br /> countersuing as the cost to complete exceeded West Dixie's contract. This lawsuit is in <br /> the discovery phase. <br /> C. Hewett-Kier Construction, Inc. was sued by Plaza Marine and their bonding company, <br /> American Bonding. <br /> Due to their failure to perform as required by the contract specifications, Hewett-Kier <br /> Construction, Inc. was directed by the U. S. Coast Guard Contracting Officer to remove <br /> Plaza Marine from the project site. American Bonding, which was their bonding <br /> company, tried to complete the project with Plaza Marine's forces and Hewett-Kier <br /> Construction, Inc. was required, by the Coast Guard, to ban any Plaza Marine employees <br /> from the project site. Hewett-Kier Construction, Inc. then contracted with B. K. Marine <br /> and completed the contract. <br /> Hewett-Kier Construction, Inc. countersued as it's cost to complete exceeded Plaza <br /> Marine's contact. <br /> The trial was completed on June 8, 1998. The jury found that both parties had breached <br /> the contract. Hewett-Kier Construction, Inc./American Bonding and Plaza Marine have <br /> settled. <br />