City Hall
1 Dr. Carlton B. Goodlett
Place
San Francisco, CA 94102-
4689
City and County of San Francisco
Legislation Details
File #:
Version:
1
030905
Name:
Settlement of Lawsuit - JMB Construction, Inc.
Status:
Type:
Ordinance
Passed
File created:
In control:
6/3/2003
Board of Supervisors
On agenda:
Final action:
6/3/2003
7/3/2003
Enactment date:
177-03
Enactment #:
Title:
Ordinance authorizing settlement of the lawsuit filed by JMB Construction, Inc., against the City and
County of San Francisco, for $200,000; the lawsuit was filed on June 10, 2002, in San Francisco
Superior Court, Unlimited Jurisdiction, Case No. 408-928; entitled JMB Construction, Inc. v. City and
County of San Francisco; other material terms of said settlement are: (1) The City reserves all rights
to pursue claims against JMB for latent defects in the contract work, and JMB agrees to retain full
responsibility for latent defects in the contract work; (2) All warranties under the contract and which
are not yet expended shall remain in full force and effect; (3) The City shall retain responsibility for any
future claims made by Union Pacific Railroad Company ("Union Pacific") arising from the contract,
except that JMB shall retain full responsibility for any claims by Union Pacific arising from damage
caused by JMB; (3) In consideration for the proposed settlement payment, JMB has agreed to dismiss
the action with prejudice in its entirety; and (4) the City and JMB each shall bear its own legal costs
and fees arising from this action.
Sponsors:
Matt Gonzalez
Attachments:
1. Leg_Ver1, 2. Leg_Final
Action By
Date
Action
Result
Ver.
RECEIVED AND ASSIGNED
President
5/19/2003
1
RECOMMENDED..
Rules Committee
6/11/2003
1
Pass
PASSED, ON FIRST READING
Board of Supervisors
6/17/2003
1
Pass
FINALLY PASSED
Board of Supervisors
6/24/2003
1
Pass
APPROVED
Mayor
7/3/2003
1