logo  ST. CHARLES PARISH, LA
File #: 2016-0358    Version: 1 Name: Full & final settlement-“Wallace C. Drennan, Inc. vs. SCP, et al”, 29th Judicial District Court, No. 80,506 consolidated with 77453 and 77452-E
Type: Ordinance Status: Enacted
File created: 10/3/2016 In control: Parish Council
On agenda: 10/17/2016 Final action: 10/17/2016
Enactment date: Enactment #: 16-10-6
Title: An ordinance to authorize the Parish President to make full and final settlement in the matter entitled "Wallace C. Drennan, Inc. vs. St. Charles Parish, et al", 29th Judicial District Court, Parish of St. Charles, No. 80,506 consolidated with 77453 and 77452-E.
Sponsors: Lawrence 'Larry' Cochran, Department of Legal Services
Indexes: DRO (Canal No. 10 Drg. Imp. - Matherne Dr. to Pine St., Bayou Gauche), Legal Services (Dept. of), Suits - Drennan, Wallace C., Inc. vs. St. Charles Parish et al 29th JDC #77,453-C
Attachments: 1. 2016-0358 - 2016-09-24 - SETTLEMENT DOC.2, 2. 2016-0358 - 2016-09-27 - JUDG DISMISSAL.2, 3. 2016-0358 Final Ord 16-10-6 with Agreement, 4. 2016-0358 Settlement-F
Related files: 2016-0345, 2011-0282, 2009-0078, 2014-0349, 2017-0158
2016-0358
INTRODUCED BY: LARRY COCHRAN, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
ORDINANCE NO. ____________
Title
An ordinance to authorize the Parish President to make full and final settlement in the matter entitled "Wallace C. Drennan, Inc. vs. St. Charles Parish, et al", 29th Judicial District Court, Parish of St. Charles, No. 80,506 consolidated with 77453 and 77452-E.
Body
WHEREAS, Judgment and Incorporated Reasons were rendered by the Honorable Timothy Marcel, Judge, on July 29, 2016, in connection with the St. Charles Parish Public Works Project known as Canal #10 Drainage Improvements, Project No. P090201.2, for the full contract price, as amended by change order, in the amount of $1,228,946.14, subject to credit for any sums previously paid to Wallace C. Drennan, Inc., leaving an unpaid balance of $100,000.00, together with interest on any outstanding unpaid sums at the legal rate from June 7, 2013 until paid, and all costs; and,
WHEREAS, Additionally, the Court awarded $5,827.25 to Wallace C. Drennan, Inc. for labor, materials and equipment costs incurred in the performance of the work performed outside the scope of the plans and specifications of the contract, together with interest thereon at the legal rate from June 7, 2013 until paid; and,
WHEREAS, Wallace C. Drennan, Inc. was also awarded attorneys' fees in the amount of $50,000.00 together with interest at the judicial rate from the date of the judgment until paid; and,
WHEREAS, the total payoff of the Judgment is $171,632.00; and,
WHEREAS, the parties have agreed to compromise and make full and final settlement for the sum of $160,000.00.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION 1. That the President of St. Charles Parish is hereby authorized to execute a Full and Final Settlement Agreement, and pay to Wallace C. Drennan, Inc. the sum of ONE HUNDRED SIXTY THOUSAND AND NO/100THS ($160,000.00) DOLLARS.
The foregoing ordinance having been submitted to a vote, ...

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