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LAW OFFICES <br />HAMILTON, JADIES, MERRLE AND YOUNG <br />SUITE 101 LAW BUILDING <br />31S THIRD STREET <br />EDGAR G. HAMILTON <br />WEST PALM BEACH, FLORIDA 33401 <br />SUITE 500 FIRST BANK BUILDING <br />DANIEL H. JAMES <br />WEST PALM BEACH 1305) 659-4000 <br />551 SOUTHEAST 8L STREET <br />WILLIAM R. MERKLE <br />DELRAY BEACH,.FLORIDA 33444 <br />JOHN R. YOUNG <br />DEERFIELD BEACH (305) 427-5343 <br />DELRAY BEACH 13051 272-2526 <br />RICHARD J. BARRON <br />BOYNTON BEACH (305) 732-2626 <br />LAWRENCE U. L. CHANDLER <br />OEERFIELO BEACH (3051 427-6900 <br />STEPHEN G. MELCER <br />June 1_4, 1982 <br />STUART E. GOLDENSERG <br />CH RISTtNE M. HORN <br />PLEASE REPLY TO: <br />MICHAEL K. SULLIVAN <br />POST OFFICE BOX 3246 <br />J. REEVE BRIGHT <br />WEST PALM BEACH 33402 <br />Mr. Gary M. Brandenbur4 <br />County Attorney, Indian River County <br />County Administration Building <br />1840 25th,Street <br />Vero Beach, Florida 32960 <br />Re: Application of Reinhold Construction Company No. 17 <br />for payment on the Indian River County Courthouse <br />Building. <br />Dear Gary: <br />I have been asked to render an opinion with respect to <br />whether the County ought to pay Requisition No. 1.7 for the <br />Indian River County Courthouse Building addition that has <br />been submitted by Reinhold Construction Company. <br />For the rea.son G set out,- it if: my opinion that <br />the Countyc1-a ht to go and authorize payment of this <br />requisi t -L -c n ski'hrj E:nt , .: conditions to ensure that <br />payment of that requ_+.s•bion will not act as a waiver of any <br />position the County may hereinafter take against Reinhold <br />Construction in connection with work done on the project. <br />By its letter of April 14, 1982, the architect has certified <br />the requisition for payment, subject to the receipt of <br />releases of lien covering the following subcontractors, to - <br />wit: <br />1. Southern Landscape Company <br />2. Brunhof Structures <br />3. Commercial Supply Company <br />As the architect's letter reflects, prior to payment of the <br />requisition in question, we would have to ensure that releases <br />of lien have been in fact obtained from each of these companies, <br />and that an affidavit is in hand from Reinhold Construction <br />_ Company, stating that all payroll, bills from material and <br />equipment, and other indebtedness connected with the work <br />for which the County or the property might be responsible <br />have in fact been paid in full. <br />I have reviewed the requisition in question and the change <br />orders that are referenced therein, and it would appear that <br />nothing requested at this point in time bears upon the amounts <br />that were expended in connection with the painting work and . <br />the firewall work that is now the subject matter of the pending <br />lawsuit. To be absolutely certain that we are not.jeopardizing <br />any position that we might take with respect to pending litiga- <br />tion, however, I would require that a condition precedent -to pay- <br />ment of the requisition be delivery from the contractor of'an <br />affidavit asserting that nothing contained in the pending <br />9�qp <br />J U L 714 1982 agok o- PACE 418 <br />