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COURTHOUSE ROOF LITIGATION/SETTLEMENT OFFER <br />Assistant County Attorney Bruce Barkett reviewed the <br />following memo and his recommendation for making a counter offer <br />of $30,000, but noted that Attorney Vitunac feels that perhaps we <br />might want to go ahead and settle for the $27,544.13. <br />TO: <br />The Board <br />of <br />County Commissioners <br />DATE: <br />September <br />10, <br />1986 <br />SUBJECT: Courthouse Roof Litigation/Settlement Offer <br />FROM: Bruce Barkett <br />Assistant County Attorney <br />The Courthouse roof was guaranteed by Koppers <br />Company, Inc. for five years, commencing March 1, 1981. In <br />the event of a leak covered by. the guarantee, Koppers is <br />required to make repairs to put the roof and/or flashing in <br />watertight condition. <br />When leaks were reported in 1982 it appears from <br />the files (though it is not certain) that Koppers had <br />repairs made by the original roofer, Triple M Roofing <br />Company. <br />When leaks were reported following the <br />Thanksgiving Storm in 1984, Koppers did not have the leaks <br />repaired, and the County was forced to make emergency, <br />temporary repairs. Following that event it became <br />increasingly apparent that the roof would require <br />replacement. The roofing membrane (Koppers' product) was <br />bubbling, foil backing was separating, and the seams in the <br />roofing material were leaking. <br />Koppers made an offer of $7,500.00 to settle the <br />County's claim in January, 1985. That offer was rejected <br />and a written demand to honor the guarantee was submitted by <br />thus office on July 31, 1985. Following that we obtained an <br />estimate from Lucas Waterproofing to repair the roof for <br />$33,000.00. Koppers offered to settle for $15,000.00 and <br />again we rejected this.offer. I filed a lawsuit in March, <br />1986 and Koppers responded with an offer to settle for <br />$21,000.00, which we also rejected. <br />The roof has now been replaced by Lucas <br />Waterproofing, at a cost of $39,000.00. That amount <br />reflects the cost of removing the old roof, an option Lucas <br />considered unnecessary when it submitted its original <br />estimate of $33,000.00, but which the County later required. <br />Koppers' current offer consists of the following <br />elements: <br />1. $25,350.00 - Roof replacement. Koppers re- <br />duced the actual replacement cost <br />of the roof because, it argues, <br />the County got 32 years' service <br />out of its roof; some of the <br />replacement work was unnecessary <br />43 <br />SEP 16 286 BOOK 65 °�4E 776 <br />